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WHERE WE ARE & WHAT WE’RE DOING

WHERE WE ARE & WHAT WE’RE DOING. Overlapping jurisdiction Cases arising under state law Concurrent state & federal jurisdiction Diversity cases What law applies?. SKILLS: READING CASES Byrd v. Blue Ridge REC, p. 281. Basics “Outcome determinative” under York ? Black letter law.

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WHERE WE ARE & WHAT WE’RE DOING

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  1. WHERE WE ARE & WHAT WE’RE DOING • Overlapping jurisdiction • Cases arising under state law • Concurrent state & federal jurisdiction • Diversity cases • What law applies?

  2. SKILLS: READING CASESByrd v. Blue Ridge REC, p. 281 • Basics • “Outcome determinative” under York? • Black letter law

  3. TAKEAWAYS • Black letter law • York • “significantly affect result of litigation” • if disregard controlling state law • Byrd • If state law • doesn’t determine outcome • isn’t bound up with substantive rts/obligations • Federal court applies balancing test • Value of uniformity v. state’s interest

  4. TAKEAWAYS • Federalism policy concerns • Forum shopping • Outcome-determination • Federal interest in uniformity • State “substantive” interests

  5. READING STATUTESRules Enabling Act 28 U.S.C. §2072(a), Supp. p. 364 • The Supreme Court • shall have the power • to prescribe • general rules • of practice and procedure • and • rules of evidence • for cases in • the United States district courts • (including proceedings before magistrates thereof) • and • courts of appeals.

  6. READING STATUTESRules Enabling Act 28 U.S.C. §2072(b), Supp. p. 364 • Such rules shall not • abridge, • enlarge • or • modify • any substantive right.

  7. BLACK LETTER LAW • Hanna v. Plumer • If federal rule on point • Apply • Unless violates Rules Enabling Act • And if constitutional • If federal practice not in codified rule: • Apply federal practice unless • Encourage forum shopping or • Result in inequitable administration of law

  8. HYPOTHETICALS • Diversity case • State law • Pleadings with substantial factual detail

  9. HYPOTHETICALS • Diversity case • State law • Medical malpractice cases • Non-binding arbitration

  10. HYPOTHETICALS • Diversity case • State law • WA statute for personal injury cases • Not plead damages amount

  11. TAKEAWAYS • Rules Enabling Act • Hanna black letter law • Big picture • Shift back towards Swift • Federal concerns dominate

  12. TAKEAWAYSThe Erie Problem after Hanna Diversity Cases What law applies “Substantive Law” State Law Applies “Procedural” Law Federal Rule (Statute) on Point “Pure Erie” No Fed rule on point Apply federal rule Unless violates REA + If constitutional Apply federal rule unless encourage forum shopping Or 2) result in “inequitable admin. of laws

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