what are affirmative countervailing considerations?

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SKlei
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what are affirmative countervailing considerations?

Postby SKlei » Sun Dec 11, 2011 11:20 pm

??

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cinephile
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Re: what are affirmative countervailing considerations?

Postby cinephile » Sun Dec 11, 2011 11:32 pm

To what?

SKlei
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Re: what are affirmative countervailing considerations?

Postby SKlei » Mon Dec 12, 2011 12:01 am

in regards to erie

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cinephile
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Re: what are affirmative countervailing considerations?

Postby cinephile » Mon Dec 12, 2011 12:09 am

Like Byrd? Where you'd apply Federal procedure even though it'd lead to forum shopping/inequitable administration of law because there's a countervailing consideration that Federal courts have an interest in upholding the 7th amendment. Is that what you mean?

SKlei
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Re: what are affirmative countervailing considerations?

Postby SKlei » Mon Dec 12, 2011 12:16 am

yes. i have in my notes that if its outcome determinative apply state law unless there are affirmative countervailing considerations, and i'm a little confused what that exactly consists of.

thatgirlthere
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Re: what are affirmative countervailing considerations?

Postby thatgirlthere » Mon Dec 12, 2011 12:24 am

According to Clermont, they’re the federal interests in having federal law prevail. And I think you have to look at the context to decide what those interests are in that situation.

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schwar46
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Re: what are affirmative countervailing considerations?

Postby schwar46 » Mon Dec 12, 2011 1:04 am

heeeenh?




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