...his question tests whether state burdens of proof apply in diversity. Erie R.R. Co. v. Tompkins, Cities Service Oil Co. v. Dunlap
Citations: Erie R.R. Co. v. Tompkins, Cities Service Oil Co. v. Dunlap
...ccurate? A supplemental state-law claim remains a state-law claim for Erie purposes, so state substantive law and federal procedure apply. 28 U.S.C. section 1367, Erie Railroad Co. v. Tompkins
Citations: 28 U.S.C. section 1367, Erie Railroad Co. v. Tompkins
...overy created by state law. Gasperini v. Center for Humanities, Inc., Erie Railroad Co. v. Tompkins
Citations: Gasperini v. Center for Humanities, Inc., Erie Railroad Co. v. Tompkins
...the state limitations and service-tolling rules, Federal Rule 3, and Erie/Hanna principles. This essay tests limitations and tolling as classic Erie issues in diversity litigation. Erie R.R. Co. v. Tompkins, Guaranty Tr...
Citations: Erie R.R. Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp., Hanna v. Plumer
...curate? This question tests the no-general-federal-common-law core of Erie. Erie R.R. Co. v. Tompkins
Citations: Erie R.R. Co. v. Tompkins
...the federal court decide what burden and presumption to use? Discuss Erie, the difference between substantive state law and federal procedure, and any separate trial-management concerns. This essay separates substantive...
Citations: Erie R.R. Co. v. Tompkins, Cities Service Oil Co. v. Dunlap, Hanna v. Plumer
...objection, the pleading objection, and the damages-cap request under Erie and related doctrine? This essay tests the full Erie sequence: direct federal-rule conflict, Rules Enabling Act validity, and s...
Citations: Erie R.R. Co. v. Tompkins, Hanna v. Plumer, Rules Enabling Act, 28 U.S.C. section 2072
...rns.Which statement best describes the starting point for the court's Erie analysis? This question tests the basic Erie rule. Erie R.R. Co. v. Tompkins
Citations: Erie R.R. Co. v. Tompkins
...urt analyze the judge-jury allocation and damages-review issues under Erie and related doctrine? This essay tests the Byrd/Gasperini strand of Erie: state substantive standards with federal judge-jury procedure. Byrd v...
Citations: Byrd v. Blue Ridge Rural Electric Cooperative, Gasperini v. Center for Humanities, Erie R.R. Co. v. Tompkins
...ecause mental condition is always relevant. This item tests privilege doctrine and common privilege boundaries. Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
An out-of-state buyer sued a forum-state manufacturer in the United States District Court for the District of Franklin, invoking diversity jurisdiction and alleging breach of warranty. The product was designed in the...
Citations: Klaxon Co. v. Stentor Electric Manufacturing Co., Erie Railroad Co. v. Tompkins
...the state service rule? Discuss. This essay tests the Hanna branch of Erie when a Federal Rule directly addresses service of process. Erie Railroad Co. v. Tompkins, Hanna v. Plumer, 28 U.S.C. section 2072, Fed. R. Civ. P
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, 28 U.S.C. section 2072, Fed. R. Civ. P. 4
...ational Battery Disposal Act after finding that discarded lithium batteries travel in interstate commerce and create fire risks at private recycling facilities. The Act contains four provisions. First, each state must en...
Citations: U.S. Const. amend. X, New York v. United States, Hodel v. Virginia Surface Mining & Reclamation Association, Murphy v. NCAA
...ational Battery Disposal Act after finding that discarded lithium batteries travel in interstate commerce and create fire risks at private recycling facilities. The Act contains four provisions. First, each state must en...
Citations: U.S. Const. amend. X, New York v. United States, Hodel v. Virginia Surface Mining & Reclamation Association, Murphy v. NCAA
...should the federal court do? The federal diversity court must make an Erie prediction of state supreme court law rather than create a federal rule. Erie Railroad Co. v. Tompkins
Citations: Erie Railroad Co. v. Tompkins
...material and who bears which substantive burden. Fed. R. Civ. P. 56, Erie Railroad Co. v. Tompkins
Citations: Fed. R. Civ. P. 56, Erie Railroad Co. v. Tompkins
...n element or defense usually applies in diversity as substantive law. Erie Railroad Co. v. Tompkins, Hanna v. Plumer
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer
...l practice.Which consideration is most central under the twin aims of Erie? This question tests the policy inquiry used when no direct Federal Rule controls. Hanna v. Plumer, Erie R.R. Co. v. Tompkins
Citations: Hanna v. Plumer, Erie R.R. Co. v. Tompkins
...tion tests the state-law statute of limitations and tolling branch of Erie. Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
Citations: Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
...lied, would make the action untimely. Which statement best states the Erie analysis? A directly controlling and valid Federal Rule governs even in a diversity case. Hanna v. Plumer, 28 U.S.C. section 2072
Citations: Hanna v. Plumer, 28 U.S.C. section 2072
...The federal diversity court applies state limitations law as part of Erie substantive law. Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
Citations: Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
...ass under Federal Rule of Civil Procedure 23. The insurer argues that Erie requires the federal court to enforce the state class-action bar. The consumer responds that Rule 23 directly governs class certification and is...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23, 28 U.S.C. section 2072
...ect State B law.Which statement is most accurate? This question tests Erie consequences after a federal convenience transfer. Van Dusen v. Barrack, Ferens v. John Deere Co., 28 U.S.C. section 1404(a)
Citations: Van Dusen v. Barrack, Ferens v. John Deere Co., 28 U.S.C. section 1404(a)
A diversity case filed in federal court sitting in the forum state involves a contract negotiated in the forum state, performed in one other state, and allegedly breached in a third state. The parties disagree about w...
Citations: Klaxon Co. v. Stentor Electric Manufacturing Co.
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