Howell Heflin said "I believe if we look at the Federal law and the Federal Rules of Civil Procedure that apply, the distinction between equity and civil cases is now combined into civil cases. So in the Federal law that we have today under the Federal Rules of Civil Procedure, cases that we used to make a distinction between--we used to have really three types of cases. You would have criminal cases, you would have civil cases, and equity cases. But the Federal Rules of Procedure, of course, which are not affected by Erie versus Tompkins, are now combined and you have equity and civil cases in it. So, basically, under the present Dole amendment, basically what we are looking at are really two types of cases--criminal cases and civil cases. Under this, in regard to the Dole amendment as to punitive damages, in other words, the only thing it really excludes is criminal cases." @ PoliticalQuotes.com

On the recordMay 3, 1995

I believe if we look at the Federal law and the Federal Rules of Civil Procedure that apply, the distinction between equity and civil cases is now combined into civil cases. So in the Federal law that we have today under the Federal Rules of Civil Procedure, cases that we used to make a distinction between--we used to have really three types of cases. You would have criminal cases, you would have civil cases, and equity cases. But the Federal Rules of Procedure, of course, which are not affected by Erie versus Tompkins, are now combined and you have equity and civil cases in it. So, basically, under the present Dole amendment, basically what we are looking at are really two types of cases--criminal cases and civil cases. Under this, in regard to the Dole amendment as to punitive damages, in other words, the only thing it really excludes is criminal cases.

Said by

Howell Heflin

Democratic · Alabama

Source

govinfo.gov

Editor's note · Context

Discussing the implications of the Dole amendment on civil and equity cases.

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