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Civil Procedure II
University of Kentucky School of Law
Harding, Roberta E.


spring semester
Professor Roberta Harding

Erie v Tompkins
-concern application of state or federal substantive law in Diversity suits by fed cts
-federal cts sitting in Diversity must act like a state court
-must apply state decisional law as well as state statutory law
-gives states autonomy to develop own laws and have them respected in fed ct
-cuts down forum shopping
-overruled Swift v Tyson interpretation that the Rules Enabling Act (fed cts
must apply laws of several states) only applies to state statutory law and federal
courts do not have to apply state decisional law in Diversity suits
Hannah v Plummer
-concerns application of state or federal procedural law in Diversity suits in fed cts
-Constitution grants federal cts power to regulate practice and pldg in fed cts
-apply federal procedural law unless the rule would have some relevance toward
forum shopping
-Guranty—outcome determinitive test
-Byrd—balance fed v st interest test
-concerns what to do when the state high court has not ruled on an issue
-what to do when fed ct are not sure what state law is
-certification–from state’s highest court
-relinquish–send to state trial court
-ct. of appeals–what do they think st. cts decision would be since they interpret their
laws all the time
-although the state high court ruled on this issue 20 years ago
-we’re going to change it b/c, in light of recent decisions in close areas and
developments in the law, we feel if the state high ct was faced with it again today
they would rule differently–like we’re going to rule now

reaction to cts of law
-go to king’s chancellor and he gives decision based on fairness
-bring in as many parties as need to resolvle the suit
-same goals — effeciency
-eliminates “of law” pldg
-jurisdictional problems
-P never knew where to go
-pldg very difficult
-merger of law and equity
-specific facts
-b/c of equity could now bring in all interested parties
-can plead under any theory
-this causes parties to do very much pre-pldg discovery and investigating
-parties must plead facts they normally can’t get until discovery
-simply to give notice to D of the problem
-all int’d parties in