Hanna 2 the holding and analyzes problem thru the rea

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Hanna 2: The holding and analyzes problem thru the REA (§2072) (1) Hanna 2: analyze in light of 2072(a) (SC has right to promulgate laws/rules, so yes) (2) OK so far, what @ 2072(b)? Does using gov’t svs rule 4 abridge, modify, enlarge a substantive right? Probably not. Why? We’re talking @! Svs here. Simply allowing an easier way to deliver a summons doesn’t create a great inequity between the parties (if it did we’d have to go back to using the state rule). (3) “Collision coverage:” Does this fed rule 4 cover the situation to the point that it collides w/ the state rule ? YES!!! (4) “Proceeding w/ the argument:” If after all this, we can say that the federal rule/standard/whatever “is arguably procedural” the standard used in Sibbach, then we should apply it C. Where there’s a conflict, depending on what’s in conflict, what rule controls? 1. 4 general categories of conflict a. Categories of rules: Looking at how the federal rule interacts and whether it’s procedural. i. Constitution—this wins via Supremacy clause (a) Where a state law conflicts w/ a const. provision: slam dunk (1) Const is supreme law of land, thus it will trump even if argued as conflicting w/ 2072(b) ii. Fed statute vs. state law (a) If valid, the fed law is supreme (issue usually revolves around whether congress had authority to enact a law regarding procedure in fed crts, which it does if the statute is arguably procedural, so...), we ask about the fed law: (1) Uses a combo of Sibbach rule and Hanna 2 (i) Does it occupy the field? (ii) Does it govern the issue/on point? (iii) Is it arguably procedural? (1) If yes to all, then the fed procedural law will apply iii. FRCP vs. State law (a) Fed RCP applies if valid (b) Analyze in light of Hanna 2 and §2072(b) iv. Judge-made rules (Byrd ). (a) Does it cover the issue? Big question is whether they conflict. (1) Would applying the federal judge-made practice impinge on some state policy (think balance)? 2. Burlington Northern : where a state procedural rule conflicts w/ a fed rule, how is §2072 to be regarded? 23
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a. Rule: A state law that imposes a mandatory judgment penalty is procedural and conflicts w/ R38. B/c the purpose of the fed rules is to give uniformity, and the REA has a constitutional mandate from Congress, the fed R38 must apply 3. Walker v. ARMCO Steel : For the purposes of tolling, does state law or R3 control? a. Rule: For the purposes of diversity jur, R3 doesn’t apply where a state SOL can be used. R3 doesn’t create a mandatory SOL, but rather just spells out starting points for different federal suits b. Where a state rule and a fed rule are not in conflict, the state rule must be followed 4. Gasperini v. Center for Humanities: Does the 7 th amendment preclude appellate review of a judges denial of an award set aside motion? a. Rule: State law determines the standard of review in a fed crt in diversity, where the issue concerns measuring a federal jury’s verdict based on that state law 5.
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