Class 28

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 Today’s Objectives
1.Understand and apply the varying approaches to
assessing a conflict between federal and state
rules.
2.Practice analyzing a complete Erie problem to
prepare for the final exam.
3.Review important Erie doctrine concepts.
 Course Outline
IV. The Litigation Process
A. Pleadings
B. Joinder Rules
C. Class Actions
D. Discovery
E. Summary Judgment
F. Judgment as a Matter of Law
G. Choice of Law
H. Preclusion
Shady Grove: Facts
Shady Grove: Conflict
 Rules Enabling Act
(a)The Supreme Court shall have the power to prescribe
general rules of practice and procedure and rules of
evidence for cases in the United States district
courts (including proceedings before magistrate judges
thereof) and courts of appeals.
(b)Such rules shall not abridge, enlarge or modify any
substantive right. All laws in conflict with such rules shall
be of no further force or effect after such rules have taken
effect.
 Shady Grove Summary
Part I: The facts; received majority support
Part II(A): Whether there was a conflict between 901 and rule 23;
received majority support
Part II(B): Whether rule 23 violated the Rules Enabling Act; plurality
Part II(D): Addressing forum shopping concerns; plurality
Justice Stevens’ concurrence; by the Marks rule, the law on whether
the Rules Enabling Act was violated
Justice Ginsburg’s dissent
Anastasia (Texas) and Rasputin (Minnesota) were sailing old world war
one battleships on the Great Salt Lake in Utah and playing their favorite
game, battleship. While firing his cannons at Anastasia, Rasputin hit
Nicholas’s (Alabama) yacht and sunk it. Nicholas sued Rasputin in Utah
federal court for wrongful naval battery for $90,000, a state law tort.
Nicholas himself serves Rasputin process and Rasputin files a motion to
dismiss for insufficient process. Utah has a version of rule 4 that allows
parties themselves to personally serve process, but has legislative
history suggesting that its drafters thought this should not apply in cases
where plaintiffs alleged physical violence. True or false, under Shady
Grove, the federal version of rule 4 will apply.
A. True
B. False
 The federal rules of civil procedure are amended to impose a two year statute
of limitations on all claims. Matthew was assaulted 20 years ago as a 17 year
old by his foster parent. After processing his trauma with a therapist, he decided
to sue in New York federal court under the N.Y. Trauma Victims Act, passed
amid widespread concern about unaddressed physical abuse, which eliminated
the statute of limitations for children who suffered physical abuse in foster care.
Chamberlain plans to argue that the claim should be dismissed as time-barred.
Considering the Rules Enabling Act, will the court accept the argument?

A. Yes under Justice Stevens’s concurrence

B. Yes under Justice Scalia’s opinion in
II(B)
C. Yes under Justice Ginsburg’s dissent
D. No under Justice Scalia’s opinion
E. No under Justice Stevens’s concurrence
 Group Exercise
Please work on the exercise I give you
with a neighbor.
 Takeaways
1. Hanna continues to provide the analytical framework
for Erie doctrine issues. You should be prepared to
deploy that framework on the exam.
2. Shady Grove did not succeed in providing us much
clarity about when applying a federal rule would modify
or abridge a substantive right under 28 U.S.C. §2072(b).
There is uncertainty about this going forward.