ROADWAY TO REALISM

LOUISVILLE, CINCINNATI & CHARLESTON RAILROAD CO. V. LETSON 43 U.S. 497 (1844) OVERTURNING ESTABLISHED LAW, THE JUSTICES RULE THAT CORPORATIONS CAN SUE AND BE SUED IN FEDERAL COURTS.

details for the government they were forming, the Founders gave one issue little discussion: virtually all agreed that when a citizen of one state had a legal dispute with a citizen of another state, the party of the first part should have the option of bringing that case in federal court rather than in a court administered by the defendant’s home state. “It may happen that a strong prejudice may arise in some states against the citizens of another,” James Madison suggested in advocating for what came to be called