Also known as: on point · on-point
Written by attorneys · grounded in primary & secondary sources — see below
A legal authority or precedent that addresses the precise issue presented without ambiguity or need for extension. The authority must speak with unmistakable clarity to the disputed point so that it controls the outcome under the applicable choice-of-law or precedential framework.
Doris Duffy sued in federal court under diversity jurisdiction after a state procedural rule conflicted with federal practice on an issue lacking any federal statute. The court weighed state and federal interests because no federal directive was directly on point and therefore applied the balance-of-interests test to decide whether to follow state law.
Dwight Dorsey challenged service of process in a diversity action where a Federal Rule of Civil Procedure addressed the exact method of service. Because the federal rule was directly on point and valid under the Rules Enabling Act the court applied the federal rule despite a conflicting state requirement.
Select any source to read its text and confirm it supports the definition.
Dustin Donovan sued in state court despite a contract clause designating a federal forum. The federal court found the clause directly on point for the venue dispute and transferred the case without further Erie analysis.
Deanna Davenport objected to a multistate class settlement arguing that state law notice rules should apply. The court held that federal due process standards were directly on point and therefore governed notice to absent class members.
Danielle Dixon sought sanctions for litigation misconduct where no specific rule covered the conduct. The court determined that its inherent authority was directly on point and imposed sanctions without relying on any statute or rule.
Deborah Dunn argued that a state tolling rule should extend the federal filing deadline. The court found the federal service rule directly on point and refused to apply the state tolling provision.
A federal rule displaces state law when the rule is directly on point and valid under the Rules Enabling Act. Courts first check whether the federal directive speaks with unmistakable clarity to the precise issue before turning to interest balancing or forum-shopping concerns.
The court proceeds to a balance-of-interests test or forum-shopping analysis. It weighs the respective state and federal interests in having their rules applied rather than automatically following either body of law.
A precedent remains directly on point only when it addresses the precise legal issue without requiring material extension or distinction. Minor factual differences do not remove the authority if the holding squarely governs the disputed question.
…at 562, 567 P. 2d, at 1317. Thus the Kansas court also found its result consistent with the only Texas state-court decision on point, Stahl Petroleum Co. v. Phillips Petroleum Co. , 550 S. W. 2d 360 (Tex. Civ. App. 1977), which had "awarded interest on suspended royalties" based on "the terms of the royalty agreement .…