Removal and Erie Doctrine

Question 1

what happens in cases removed under diversity ONLY?

Answer 1

1) home state removal bar (1441(b)) no removal if any Def are citizens of the forum
2) cannot remove a div case more than a year after the case was filed in state court

Question 2

when can a case be removed?

Answer 2

when a single D has a separate and independent claim against her

Question 3

what did Shady Grove bring to the table (Erie)?

Answer 3

example of federal rule on point (Fed Rule 23)

Question 4

what two issues did Swift create?

Answer 4

1) policy mess

2) constitutional problem with inconsistency of law

Question 5

what are some flags for non conveniens?

Answer 5

1) involves foreign plaintiffs

2) witnesses are located in another far location (often used in cases involving human rights violations)

Question 6

what are the twin aims of Erie aimed to do?

Answer 6

1) discourage forum shopping

2) avoidance of inequitable administrations of law

Question 7

what was the outcome determinative test (Guaranty)?

Answer 7

whether choosing federal or state substantive law will significantly affect result of litigation; if applying fed law will affect the outcome, it should not be applied

Question 8

if prong 1 of Hanna is met then what?

Answer 8

goto prong 2

Question 9

what did Swift bring to the table (Erie)?

Answer 9

decides that there could be FEDERAL GENERAL COMMON LAW (said state common law did not have to be followed by fed ct)

Question 10

if Prong 1 of Hanna is not met then what?

Answer 10

you don’t have to analyze through prong 2

Question 11

what is Prong 2 of the Hanna test?

Answer 11

1) modified outcome-determinative test
2) only if there is NO fed rule on point will the court turn to this type of multi-factored approach in Erie line of cases

Question 12

what are the twin aims of Erie?

Answer 12

1) policy (defects in practice) (discouragement of forum shopping and avoidance of inequitable admin of laws (outcome determinative)
2) constitutionality: power to create ‘general’ common law belongs to the states (1652 and 10th amendment)

Question 13

who can remove?

Answer 13

only D, plaintiffs cannot

Question 14

what type of doctrine is the forum non conveniens?

Answer 14

a discretionary one aimed at reigning in judiciary discretion by listing factors that should be considered.

Question 15

if prong 1 of Hanna is met and there’s a fed rule or statute on point what happens?

Answer 15

1) rule passes under rule enabling act (2072)

2) the rule must be constitutional (it always will be, otherwise it wouldn’t be a rule)

Question 16

when does the Erie doctrine come up?

Answer 16

ONLY in cases in fed ct under Div. Jur

Question 17

what did Piper aircraft bring to the table (forum non conveniens)?

Answer 17

1) P cannot be left without forum to sue.
2) dismissal is inappropriate ONLY if the alternate forum would provide no remedy at all
3) an unfavorable forum is ok
4) courts must look at private and public interest factors when deciding to dismiss a case

Question 18

what is the guideline for removals?

Answer 18

state to federal ONLY

Question 19

what did Hanna bring to the table? (Erie)

Answer 19

the two prongs f Hanna

Question 20

what is prong 1 of Hanna?

Answer 20

Is there a fed rule/statute on point?

Question 21

what is forum non conveniens?

Answer 21

if another forum may be more appropriate for the case

Question 22

what did Byrd bring to the table (Erie)?

Answer 22

the balancing of state and fed interests

Question 23

what did Erie v Tompkins bring to the table?

Answer 23

1) overturned Swift
2) rules of decision act (1652)
3) no federal general common law (but there is fed common law)
4) COURTS MUST FOLLOW “SUBSTANTIVE STATE LAW” BUT DOES NOT NEED TO FOLLOW STATE PROCEDURAL LAW.

Question 24

what two categories did Gilbert bring forward (forum non conveniens)

Answer 24

1) private interest

2) public interest

Question 25

what must case have to be removable

Answer 25

Fed Q or Div

Question 26

1441

Answer 26

removal

Question 27

what type of law does the federal system recognize for forum non conveniens?

Answer 27

common law

Question 28

what did Guaranty trust bring to the table (Erie)?

Answer 28

the outcome determinative test

Question 29

what did Gasperini bring to the table (Erie)?

Answer 29

1) state v. federal (rule 59) shocks the conscience/higher bar and abuse of discretion
2) shows that application of steps can lead to state winning on one issue and fed winning on another.

Question 30

why is it ok for federal winning on matter and state on another?

Answer 30

because one is procedural and one is substantive