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Introduction: From Swift to Erie

Introduction: From Swift to Erie. Why Was Diversity Jurisdiction Created?. A Late 18 th Century Erie Problem. Legal dispute between MA Shipper VA Grower What concerns might lead to need for diversity jurisdiction? Need for a neutral forum What else?

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Introduction: From Swift to Erie

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  1. Introduction:From Swift to Erie

  2. Why Was Diversity Jurisdiction Created?

  3. A Late 18th Century Erie Problem • Legal dispute between • MA Shipper • VA Grower • What concerns might lead to need for diversity jurisdiction? • Need for a neutral forum • What else? • Where could case be brought? (Remember power theory)

  4. Chronology of Approaches • Swift –Federal Common Law • Erie – Procedure v. Substance • Guaranty Trust – Outcome Determinative • Byrd – Balancing • Hanna – Uneasy Synthesis • Future – Primary v. Secondary

  5. Fed-State Pendulum Federal Hanna Swift Byrd Future Erie Guaranty State

  6. Discussion Hypo Under Swift

  7. Burden of Proof Bifurcated Trial

  8. Under Swift • When was state law applied? • State statutes • State Ct interpretation of state statutes • State Ct decisions re RE • State Ct decisions re “local usage.” • When was federal law applied? • Torts • Contracts • Commercial Law • General Law • The Conformity Act • Prior to the Federal Rules • Federal courts applied the procedures used in the state courts of the state in which they sit.

  9. Discussion Hypo Under Erie

  10. Burden of Proof Bifurcated Trial

  11. Erie v. Tompkins • How does Erie resolve the basic issue? • What is the basis for Brandeis’s resolution of that issue in Erie? • Statutory Interpretation • Constitutional Concerns • Public Policy Arguments

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