Epstein Secrets

They contend that, because the Government is a party to the lease, interpretation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of contracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of EF

"federal courts [to] 'incorporat[e] [state law ] as the federal rule of decision."' Kamen, 500 U.S. at 98 (emphasis added) (quoting United States v. Kimball Foods, Inc., 440 U.S. 715, 728, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979)). Second, application of state substantive law directly on point is eminently more l

They contend that, because the Government is a party to the lease, interpretation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of contracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of go

"federal courts [to] 'incorporat[e] [state law ] as the federal rule of decision." ' Kamen, 500 U.S. at 98 (emphasis added) (quoting United States I Kimball Foods, Inc., 440 U.S. 715, 728, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979)). Second, application of state substantive law directly on point is eminently more l

They contend that, because the Government is a party to the lease, interpretation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of contracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of go

federal courts [to] 'incorporat[e] [state law ] as the federal rule of decision." • Kamen, 500 U.S. at 98 (emphasis added) (quoting United States v. Kimball Foods, Inc., 440 U.S. 715, 728, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979)). Second, application of state substantive law directly on point is eminently more