HannaDo Hanna w/o slides

Hanna v. Plumer - Background• What Court on What Basis?

• Federal Court• Diversity

• Nature of Underlying Action?• Negligence

• Defendant?• Executor

• Nature of Defense?• No timely notice to executor • Not S/L

Hanna v. Plumer - Notice• How was notice actually given?

• Left Summons w/ Exec’s wife

• At home

• D had actual notice

• What did state law require?

• In hand notice to executor or

• Filing in Probate Court

• What does federal law require?

• Service – Which could include

Why would state have

such a rule?

How Does a FRCivP Get Enacted?• Advisory Committee Recommends

Rule to the Supreme Court

• Court Either

–Rejects Rule

–Transmits It to Congress

–Modifies It and Transmits It

• Transmitted Rule Becomes Effective Unless Congress Affirmatively Acts to Disapprove It

What is the Authority for Following This Process?

The Rules Enabling Act

What Limits Does the REA Place on the Creation of Federal Rules?

• They must be constitutional.

• They must be “procedural.”

• They must not

–Abridge

–Modify, or

–Enlarge

Substantive rights.

What is the Effect of a Properly Enacted FRCivP?

• It trumps all conflicting laws

• At least all conflicting federal laws

Under Hanna?

• When will a FRCivP trump state practice?

–Whenever

• They conflict, and

• The FRCivP Complies With

–The Constitution &

–The Rules Enabling Act.

• What Must One Do to Establish that a FRCivP Violates the REA?

• Overcome Prima Facie Judgment of Advisory Committee, Court, & Congress, &

• Show That Rule is

• Not Procedural &

• Not even arguably procedural.

Substantive

Procedural

Substantive

Procedural

Clearly

Procedural

Arguably Procedural

OK

OK

• What If the Federal Practice Is Not Based on a Federal Rule (or Statute or the Constitution)?

• Look to “Twin Aims of Erie”

–Avoiding Forum Shopping

–Avoiding Inequity

Note:

We are looking at the source of the federal practice – not the source of the conflicting state practice.

• What will lead to forum shopping

• Differences that have a significant effect on the outcome

• If the difference predictably favors one side and

• If the difference is apparent at the forum selection time.

• What will lead to inequity

• Differences that will give a significant advantage

• To those who have the option of asserting federal diversity jurisdiction.

Discussion Hypo Under

Hanna

Burden of Proof

Bifurcated Trial

Harlan &

Hanna