Arguing that this is a Common Law matter in this scenario is funny in a wonky lawyerly kind of way.
The legal issue they were testing in this experiment is choice of law and procedure question, which is governed by a line of cases starting with Erie Railroad in which Justice Brandies famously said, "There is no federal common law."
The legal issue they were testing in this experiment is choice of law and procedure question, which is governed by a line of cases starting with Erie Railroad in which Justice Brandies famously said, "There is no federal common law."