what are affirmative countervailing considerations? Forum

cinephile · Post by **cinephile** » Sun Dec 11, 2011 11:32 pm

To what?

SKlei · Post by **SKlei** » Mon Dec 12, 2011 12:01 am

in regards to erie

cinephile · Post by **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 · Post by **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 · Post by **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.

schwar46 · Post by **schwar46** » Mon Dec 12, 2011 1:04 am

heeeenh?

what are affirmative countervailing considerations? Forum

what are affirmative countervailing considerations?

Re: what are affirmative countervailing considerations?

Re: what are affirmative countervailing considerations?

Re: what are affirmative countervailing considerations?

Re: what are affirmative countervailing considerations?

Register now to search topics and post comments!

Re: what are affirmative countervailing considerations?

Re: what are affirmative countervailing considerations?

Register for access!