Removal and Erie Doctrine Flashcards
what happens in cases removed under diversity ONLY?
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
when can a case be removed?
when a single D has a separate and independent claim against her
what did Shady Grove bring to the table (Erie)?
example of federal rule on point (Fed Rule 23)
what two issues did Swift create?
1) policy mess
2) constitutional problem with inconsistency of law
what are some flags for non conveniens?
1) involves foreign plaintiffs
2) witnesses are located in another far location (often used in cases involving human rights violations)
what are the twin aims of Erie aimed to do?
1) discourage forum shopping
2) avoidance of inequitable administrations of law
what was the outcome determinative test (Guaranty)?
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
if prong 1 of Hanna is met then what?
goto prong 2
what did Swift bring to the table (Erie)?
decides that there could be FEDERAL GENERAL COMMON LAW (said state common law did not have to be followed by fed ct)
if Prong 1 of Hanna is not met then what?
you don’t have to analyze through prong 2
what is Prong 2 of the Hanna test?
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
what are the twin aims of Erie?
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)
who can remove?
only D, plaintiffs cannot
what type of doctrine is the forum non conveniens?
a discretionary one aimed at reigning in judiciary discretion by listing factors that should be considered.
if prong 1 of Hanna is met and there’s a fed rule or statute on point what happens?
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)
when does the Erie doctrine come up?
ONLY in cases in fed ct under Div. Jur
what did Piper aircraft bring to the table (forum non conveniens)?
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
what is the guideline for removals?
state to federal ONLY
what did Hanna bring to the table? (Erie)
the two prongs f Hanna
what is prong 1 of Hanna?
Is there a fed rule/statute on point?
what is forum non conveniens?
if another forum may be more appropriate for the case
what did Byrd bring to the table (Erie)?
the balancing of state and fed interests
what did Erie v Tompkins bring to the table?
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.
what two categories did Gilbert bring forward (forum non conveniens)
1) private interest
2) public interest
