Direct Collision Model Answers

Direct Collision Model Answers - Direct Collision Model...

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Direct Collision Model Answers Spring 2000 1A: Is Mr. Porter correct that there is a direct collision between Arkabama state law and FRCP 23? (15 minutes) ACTUAL MODEL ANSWER: Mr. Porter may be correct that the court will find a direct collision between FRCP 23 and the Arkabama state law. Although there seems to be a direct collision, federal courts have shown a tendency to defer to a state interest in order to avoid the rather conclusory REA analysis, which almost always results in the application of a FRCP like rule 23 over a state law or practice. In Gasperini, the Court held that there was no direct collision between FRCP 59 and a state law allowing a new trial in relation to the size of the verdict even though FRCP 59 allows a judge to grant a new trial only when the jury verdict was against the great weight of the evidence or there was a procedural irregularity. [Woolley notes that "Gasperini actually deals with a different aspect of new trial practice, not the issue you discuss"]. There seems to be a direct collision, but the Court deferred to the state interest in providing a new trial re: the size of the verdict. Similarly, the Court in Walker found that there was no direct collision between an Oklahoma law which stated that an action commenced for purposes of tolling the statute of limitations when the law which summons was served on the ∆ and FRCP3, which states that an action commences when the π's complaint is filed. The state once again deferred to Oklahoma's substantive interest in providing something for the ∆ to avoid a direct collision with FRCP 3. In contrast, the Court later held that the FRCP3 does govern for SoL
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Direct Collision Model Answers - Direct Collision Model...

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