Hanna

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Hanna
Do Hanna w/o slides
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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

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Hanna v. Plumer - Notice

• How was notice actually given?
• Left Summons w/ Execs 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

Why would state have such a rule?
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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

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What is the Authority for Following This Process?

• The Rules Enabling Act

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• 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.

• What is the Effect of a Properly Enacted FRCivP?
• It trumps all conflicting laws
• At least all conflicting federal laws

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Under Hanna?

• When will a FRCivP trump state practice?
• Whenever
• They conflict, and
• The FRCivP Complies With
• The Constitution
• The Rules Enabling Act.

• 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.

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(No Transcript)
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OK
Clearly Procedural
Arguably Procedural
OK
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• 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.

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Discussion Hypo Under Hanna
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Burden of Proof Bifurcated Trial
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Harlan Hanna