Showing posts with label Erie. Show all posts
Showing posts with label Erie. Show all posts

Fifth Circuit: Franco v. Mabe Trucking, et al

 

Plain text of a federal statute permitting the transfer of an action where the court has a want of jurisdiction allows transfers for lack of personal jurisdiction, lack of subject matter jurisdiction, or both.

The provisions of the statute are compulsory, so they apply whether or not the court cites it when transferring an action.

State statute prescribing any suit after one year from the accrual of the claim but tolled by either filing a claim in a court of sufficient jurisdiction and venue or service looks to the federal courts to determine the date of filing of suit, so the federal law relating back the transferred suit to the date of filing in the first venue.  The state statute looks to the federal relation-back because the Rules of Decision Act privileges federal statutes over state laws, so the Erie analysis looks first to the federal statutory law.  The federal statute controls under the Supremacy Clause; the case is within the statute, and Congress had sufficient authority to pass the statute to regulate the federal courts.

DISSENT:

Federal statute wasn't intended to regulate state statutes of limitations.  State law is an integrated regulation of statute of limitations and service of process.  Majority's view leads to unequal results between state and federal court, and in federal courts handling transferred claims and federal courts serving as the initial forum


Franco v. Mabe Trucking, et al

Seventh Circuit: Brian Reynolds v. Henderson & Lyman

Existence of a duty of care, although dispositive, is a question of law that, in the federal forum, is decided by the judge.  As the division of responsibilities for finding facts and law at the trial stage is a procedural one, the procedures of the federal forum control.

Under state law, attorneys for LLC owed no third-party duty of care to LLC owner and manager.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D09-12/C:17-1999:J:Wood:aut:T:fnOp:N:2217358:S:0


Ninth Circuit: Wheeler v. City of Santa Clara

A sufficiently expansive state law of survivorship and intestate succession can bar an adopted natural child from asserting a S1983 claim, as there is no absolute right of succession implied by the purposes of the act.

Claims under the ADA and the RA are remedial in nature, not punitive; the statute-borrowing provisions of civil rights law are therefore inapplicable; there is no precedent under federal common law for allowing an adopted natural child to state a claim.

Absent a showing of a true parental relationship, an adopted natural child with a close relationship cannot state a claim under a Fourteenth Amendment liberty interest.

Court properly denied leave to amend, given relevant state statute of limitations, as nature of present claim doesn't hold the door open for relation-back.

Concurrence: Adopted children can establish a 14A claim.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/03/16-17375.pdf

Fifth Circuit: Fisk Electric Company v. DQSI, L.L.C.

As the rights and liabilities arising from claims on a contract to construct a federal building are derivative of federal statutes, federal law governs a claim of fraudulent inducement.

As the federal common law of contracts mirrors the common law, the Restatement standard of de minimis burden to investigate fraudulent inducement, the claim presented a genuine issue of material fact where a party made reasonable attempts to gain the relevant documents through FOIA requests.

http://www.ca5.uscourts.gov/opinions/pub/17/17-30091-CV0.pdf


Eighth Circuit: Leslie Grussing v. Orthopedic and Sports Medicine

No error in trial court's refusal to allow questioning of an expert on a line of inquiry that had been established by another witness.

In a diversity action, federal law governs the review of counsel statements in closing arguments.

Given curative instruction, deft counsel's mis-characterization of the burden of proof was not plainly injurious.

http://media.ca8.uscourts.gov/opndir/18/06/172228P.pdf

First Circuit: Worcester v. Springfield Terminal Railway


FRCP, Erie

In determining when the clock is tolled for filing of an appeal, the critical question is whether the court is involved in ending the last motion filed.  A motion filed and withdrawn without court involvement does not toll the limit, but a motion filed and then withdrawn in a telephone colloquy stops the clock.

 No error in use of common law standard where federal statute had no standard for punitive damages as opposed to borrowing state law standard, given legislation's intent of standardizing the remedy and the background principles of common law against which Congress legislates.


Worcester v. Springfield Terminal Railway

Ninth Circuit: Cuprite Mine Partners v. John Anderson

FRCP - mining,

Joinder appropriate in case of adjoining strip mines.

State partition statute does not require most profitable sale - only the timely sale.

State statute potentially requiring trial before partition is a procedural, not substantive requirement for Erie.


https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/31/13-16657.pdf