(Download) "Institutional Practice, Procedural Uniformity, And As-Applied Challenges Under the Rules Enabling Act." by Notre Dame Law Review " eBook PDF Kindle ePub Free
eBook details
- Title: Institutional Practice, Procedural Uniformity, And As-Applied Challenges Under the Rules Enabling Act.
- Author : Notre Dame Law Review
- Release Date : January 01, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 417 KB
Description
INTRODUCTION As others have observed, the Supreme Court's decision last Term in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co. (1) settles little with respect to the Erie (2) doctrine. (3) For the purposes of diversity actions in federal courts, the Court held, Federal Rule of Civil Procedure 23 trumps a New York state statute--New York Civil Practice Law and Rules section 901 (b)--barring the use of class actions "to recover a penalty, or minimum measure of recovery created or imposed by statute." (4) But beyond that, members of the Court agreed only at a high level of generality about how to interpret the federal Rule. And there is no majority opinion explaining why Rule 23, construed to govern the question in Shady Grove, is valid.