Civ Pro: applying fed rule vs state law

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swoozie
Posts: 159
Joined: Mon Jul 26, 2010 2:20 pm

Civ Pro: applying fed rule vs state law

Postby swoozie » Wed Dec 19, 2012 10:05 pm

When you're trying to decide whether to apply a state law or a FRCP, and you get to the part where you have to ask if the FRCP would infringe on the Rules Enabling Act (about how it cannot "abridge, enlarge, or modify" substantive rights), how would you do the analysis? Is that just the same as seeing if the it is "arguably procedural?"

I'm having a lot of trouble figuring out the finer distinctions on what's substantive and procedural...:(

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stillwater
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Joined: Tue Jun 28, 2011 2:59 pm

Re: Civ Pro: applying fed rule vs state law

Postby stillwater » Wed Dec 19, 2012 10:53 pm

meet Hanna/Sibbach. but yea. might want to check groovy alternatives like Stevens' concurrence in Shady Grove

swoozie
Posts: 159
Joined: Mon Jul 26, 2010 2:20 pm

Re: Civ Pro: applying fed rule vs state law

Postby swoozie » Thu Dec 20, 2012 9:03 am

Thanks very much. We didn't read the Sibbach nor the Shady Grove case but they helped. (might have mentioned them quickly, I probably didn't pay enough attention.)




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