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Hanna

Hanna. Do Hanna w/o slides. Hanna v. Plumer - Background. What Court on What Basis? Federal Court Diversity Nature of Underlying Action? Negligence Defendant? Executor Nature of Defense? No timely notice to executor Not S/L. Hanna v. Plumer - Notice.

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Hanna

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Presentation Transcript

  1. Hanna Do Hanna w/o slides

  2. Hanna v. Plumer - Background • What Court on What Basis? • Federal Court • Diversity • Nature of Underlying Action? • Negligence • Defendant? • Executor • Nature of Defense? • No timely notice to executor • Not S/L

  3. Hanna v. Plumer - Notice Why would state have such a rule? • How was notice actually given? • Left Summons w/ Exec’s wife • At home • D had actual notice • What did state law require? • In hand notice to executor or • Filing in Probate Court • What does federal law require? • Service – Which could include

  4. How Does a FRCivP Get Enacted? • Advisory Committee Recommends Rule to the Supreme Court • Court Either • Rejects Rule • Transmits It to Congress • Modifies It and Transmits It • Transmitted Rule Becomes Effective Unless Congress Affirmatively Acts to Disapprove It

  5. What is the Authority for Following This Process? The Rules Enabling Act

  6. What is the Effect of a Properly Enacted FRCivP? • It trumps all conflicting laws • At least all conflicting federal laws What Limits Does the REA Place on the Creation of Federal Rules? • They must be constitutional. • They must be “procedural.” • They must not • Abridge • Modify, or • Enlarge Substantive rights.

  7. Under Hanna? • What Must One Do to Establish that a FRCivP Violates the REA? • Overcome Prima Facie Judgment of Advisory Committee, Court, & Congress, & • Show That Rule is • Not Procedural & • Not even arguably procedural. • When will a FRCivP trump state practice? • Whenever • They conflict, and • The FRCivP Complies With • The Constitution & • The Rules Enabling Act.

  8. Substantive Procedural

  9. Substantive Procedural OK Clearly Procedural Arguably Procedural OK

  10. What If the Federal Practice Is Not Based on a Federal Rule (or Statute or the Constitution)? • Look to “Twin Aims of Erie” • Avoiding Forum Shopping • Avoiding Inequity Note: We are looking at the source of the federal practice – not the source of the conflicting state practice. • What will lead to forum shopping • Differences that have a significant effect on the outcome • If the difference predictably favors one side and • If the difference is apparent at the forum selection time. • What will lead to inequity • Differences that will give a significant advantage • To those who have the option of asserting federal diversity jurisdiction.

  11. Discussion Hypo Under Hanna

  12. Burden of Proof Bifurcated Trial

  13. Harlan & Hanna

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