Introduction: From Swift to Erie

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IntroductionFrom Swift to Erie
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Why Was Diversity Jurisdiction Created?
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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)

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Chronology of Approaches

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

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Fed-State Pendulum
Federal
State
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Discussion Hypo Under Swift
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Burden of Proof Bifurcated Trial
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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.

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Discussion Hypo Under Erie
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Burden of Proof Bifurcated Trial
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Erie v. Tompkins

• How does Erie resolve the basic issue?
• What is the basis for Brandeiss resolution of
  that issue in Erie?
• Statutory Interpretation
• Constitutional Concerns
• Public Policy Arguments