Why was Erie concerned about unfairness created by out-of-state plaintiffs who invoke diversity of citizenship? Note that under Swift, a litigant could seek federal court in the hopes that “federal general common law” would be more favorable than existing state common law. Also, an out-of-state plaintiff has tremendous power in making sure that an in-state defendant is stuck in federal court. See […]
Where do federal courts sitting in diversity look for the law of substance and procedure? Although analysis under the RDA (Hanna I) and REA (Hanna II) are more difficult than this chart indicates, the top and bottom rows give a rough sense of how significantly things have changed in 1938. SUBSTANCE PROCEDURE Before Erie and FRCP Federal courts created federal general […]
Google: https://www.google.com/transparencyreport/ Google (copyright): https://www.google.com/transparencyreport/removals/copyright/ Apple: https://www.apple.com/privacy/transparency-reports/ Microsoft: http://www.microsoft.com/about/corporatecitizenship/en-us/reporting/transparency/ Facebook: https://govtrequests.facebook.com/ Twitter: https://transparency.twitter.com/ Yahoo: https://transparency.yahoo.com/ AT&T: http://about.att.com/content/csr/home/frequently-requested-info/governance/transparencyreport.html Wikimedia: https://transparency.wikimedia.org/ DropBox: https://www.dropbox.com/transparency Reddit: https://www.reddit.com/wiki/transparency/2014 LinkedIn: https://www.linkedin.com/legal/transparency Automattic (WordPress.com): http://transparency.automattic.com/ Medium: https://medium.com/transparency-report/copyright-trademark-and-other-takedown-requests-433e5e91429 Page added March 23, 2015
The major issue in this case is the nature of the conflict between state law and federal law. Cases like Walker and Shady Grove arise when state law arguably conflicts with an REA rule such as a rule of the FRCP. Whether a conflict actually exists between state law and an FRCP rule depends on how broadly the Court reads the rule of the FRCP. […]
