What would it do look to decide the case

Reference no: EM133335534

Question 1: If a Defendant fails to bring a §1406 transfer motion, do they waive it? (Please explain and cite with support).

Question 2: If a state court had to decide something and there was no higher state court law or statutes to follow, what would it do/look to to decide the case? (i.e. Could it make an "Erie guess" or is that just for federal courts ascertaining state law?)

Reference no: EM133335534

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