Yeazell, pp. 281-284
Facts: The plaintiff sued the defendant
in tort. There was an issue of immunity
that came up. Under
Issue: Should the state policy of having the judge decide a particular issue of fact trump the federal rule of having a jury decide in the interest of uniformity of outcome?
Rule: NEW RULE! The federal practice will be used when it is not certain that using the federal rule will be outcome-determinative.
Conclusion: The case is reversed and remanded, and the lower courts are instructed to use the federal rule and have the issue of immunity decided by a jury and not a judge.