Burlington in an Erie Q Forum

[onthemoney]

How are people applying Burlington by a conflict b/w a FRCP and a state law. Just on whether the FRCP is discretionary? Whether it only incidentally infringes on a state right?

[BarbellDreams]

FRCP is arguably procedural and obviously doesn't abridge,enlarge or modify any citizen's rights so its consistent with the REA and it applies.

Not sure what you're asking other than why FRCP applies in the case.

[onthemoney]

FRCP is arguably procedural and obviously doesn't abridge,enlarge or modify any citizen's rights so its consistent with the REA and it applies.

Not sure what you're asking other than why FRCP applies in the case.

Firstly, your reasoning is conclusory, you have to deterimine that is procedural/arguably procedural before saying it's valid with the REA. Secondly, the question is relevant for a hypo presenting a "new" FRCP (which you then have to test).

[BarbellDreams]

Its not my reasoning, its the court's reasoning in the case. The court found a conflict because the state law demanded 10% while the FRCP allowed discretion so they could either award, not award, award 10%, award 7%, etc. The court found it to be arguably procedural, not abridging, modifying or enlarging citizen's substantive rights thus within the scope of the REA.

My reasoning was conclusory because the court's reasoning was conclusory. I guess I am just unsure as to what you're asking here, hence not many responses.