guaranty trust co v york n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Guaranty Trust Co v. York PowerPoint Presentation
Download Presentation
Guaranty Trust Co v. York

Loading in 2 Seconds...

play fullscreen
1 / 8

Guaranty Trust Co v. York - PowerPoint PPT Presentation


  • 95 Views
  • Uploaded on

Guaranty Trust Co v. York. Issue? State S/L in diversity cases Decision State S/L applies Does the RDA apply to this case? Why or why not? What does that tell us about the basis for the Erie doctrine?. Discussion Hypo Under Guaranty. Burden of Proof Bifurcated Trial.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Guaranty Trust Co v. York' - sheryl


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
guaranty trust co v york
Guaranty Trust Co v. York
  • Issue?
    • State S/L in diversity cases
  • Decision
    • State S/L applies
  • Does the RDA apply to this case?
    • Why or why not?
    • What does that tell us about the basis for the Erie doctrine?
guaranty trust co v york1
Guaranty Trust Co v. York
  • What test or approach does the court apply?
  • Outcome Determinative:
  • Diversity jurisdiction should not
    • Substantially affect outcome
    • Significantly affect result
    • So far as legal rules determine the outcome
  • Clone:
  • Federal Courts in diversity cases are effectively only another court of the state.
guaranty trust approach
Guaranty Trust Approach

Significant Effect on Outcome?

Yes

No

Apply Federal

Apply State

cohen v beneficial industrial
Cohen v. Beneficial Industrial
  • Issue?
    • State bond requirement in derivative actions
  • Decision
    • Apply state bond requirement
  • Note: D argued that FRCivP governed and said nothing about requiring bond
ragan v merchants transfer
Ragan v. Merchants Transfer

FRCivP 3 Says Action Commenced

State Law Says S/L Tolled

Suit Filed

Event + 2 Yrs

Event

Service

Which Governs?

What theory?

Does this mean Erie trumps FRCivP?