Page 1 of 1

what are affirmative countervailing considerations?

Posted: Sun Dec 11, 2011 11:20 pm
by SKlei
??

Re: what are affirmative countervailing considerations?

Posted: Sun Dec 11, 2011 11:32 pm
by cinephile
To what?

Re: what are affirmative countervailing considerations?

Posted: Mon Dec 12, 2011 12:01 am
by SKlei
in regards to erie

Re: what are affirmative countervailing considerations?

Posted: Mon Dec 12, 2011 12:09 am
by cinephile
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?

Re: what are affirmative countervailing considerations?

Posted: Mon Dec 12, 2011 12:16 am
by SKlei
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.

Re: what are affirmative countervailing considerations?

Posted: Mon Dec 12, 2011 12:24 am
by thatgirlthere
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.

Re: what are affirmative countervailing considerations?

Posted: Mon Dec 12, 2011 1:04 am
by schwar46
heeeenh?