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Jed Bartlett (New Hampshire) posted an entry on his blog suggesting that his former friend Leo McGarry (Illinois) cheated his way through Wake Forest University 3 years ago. This led to Leo losing his job at a regional consulting firm. He sued Jed for defamation, asserting $100,000 in damages, in Illinois federal court. Illinois's statute of limitations is two years. However federal courts use the doctrine of laches, which instead of imposing a firm statute of limitations, bars claims only upon a showing that the plaintiff has unreasonably delayed bringing their claim.Working with a neighbor, decide whether under Erie, the federal court would use Illinois's statute of limitations or the federal doctrine of laches. If you think Erie does not clearly answer the question of what to do, formulate a test for how courts can decide what to do in circumstances like this.
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