W12 - Brief Notes (11-16, Second Half)

W12 - Brief Notes (11-16, Second Half) - The poetic...

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The poetic concurring opinion of Harlan in Hanna He would have overruled Ragan because he focussed on the traditional view that a statute of limitations is by definition procedural He is focussed on the idea of "Federal Creep" Walker v. Armco This case is on all fours with Ragan It construes Rule 3 very narrowly in order to avoid collision between the state and federal rules In the absence of a Federal rule on point, we apply state law This approach raises the spectre of Byrd Hanna has not overruled Walker (which follows Ragan) Why? The statutes of limitations is substantive on these facts for the purposes of 2072(b) Hanna was applied in Burlington, which is roundly criticized for reading the rules too broadly From Burlington, we have that "Procedure Swallows Everything" As long as there is some procedural aspect, we let the rule pass constitutional muster AL doesn't enforce forum selection clauses Does this create a direct collision? (federal rules allow forum selection)
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This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

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W12 - Brief Notes (11-16, Second Half) - The poetic...

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