Agenda for 24th Class. Name plates out Fee Shifting Diversity Jurisdiction Introduction to Erie. Next Class. 28 USC 1652, 2072 Yeazell 241-55, 258-66 Questions to think about P. 248. Q1b
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P. 253 Q2. Does your answer depend on whether the plaintiff filed the complaint in federal court 1 minute before the statute of limitations expired?
Suppose West Dakota has a summary judgment practice different from the that which has governed in the federal courts since Celotex. In West Dakota, a defendant may not prevail by pointing out that plaintiff lacks evidence on an issue, but rather the defendant can only prevail on summary judgment by presenting undisputed evidence on every issue. If a diversity case is filed in federal district court in West Dakota, what standard should apply if the defendant files a motion for summary judgment? Is the answer and/or analysis different under Guaranty Trust than under Hanna?