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Burlington Northern

Burlington Northern. P wins $300K verdict in diversity negligence case (Alabama) D appeals & loses Alabama Rule Losing appealing D pays 10% & Frivolous appeals may be hit with 2x costs & damages Fed Rule Frivolous appeals may be hit with 2x costs & damages. Burlington Northern.

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Burlington Northern

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  1. Burlington Northern • P wins $300K verdict in diversity negligence case (Alabama) • D appeals & loses • Alabama Rule • Losing appealing D pays 10% & • Frivolous appeals may be hit with 2x costs & damages • Fed Rule • Frivolous appeals may be hit with 2x costs & damages

  2. Burlington Northern • What was outcome? • Fed rule displaces state rule. • Do you think there was a conflict? • What’s new about conflict analysis? • Conflict implicit (at most). • Why do you think it was found? • What’s new about FRCivP analysis? • Even stronger deference. • Presumptive validity of FRCivP

  3. Walker • This case is a re-run of Ragan • Does state tolling trump Rule 3? • Is there a conflict • Court says no • Compare w/ Burlington Northern • Since no conflict, what does ct do? • Why? • Is there a little Byrd singing in the court’s ear?

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