Burlington Northern

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Burlington Northern. P wins $300K verdict in diversity negligence case (Alabama) D appeals & loses Alabama Rule Losing appealing D pays 10% & Frivolous appeals may be hit with 2x costs & damages Fed Rule Frivolous appeals may be hit with 2x costs & damages. Burlington Northern.
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Burlington Northern
  • P wins $300K verdict in diversity negligence case (Alabama)
  • D appeals & loses
  • Alabama Rule
  • Losing appealing D pays 10% &
  • Frivolous appeals may be hit with 2x costs & damages
  • Fed Rule
  • Frivolous appeals may be hit with 2x costs & damages
  • Burlington Northern
  • What was outcome?
  • Fed rule displaces state rule.
  • Do you think there was a conflict?
  • What’s new about conflict analysis?
  • Conflict implicit (at most).
  • Why do you think it was found?
  • What’s new about FRCivP analysis?
  • Even stronger deference.
  • Presumptive validity of FRCivP
  • Walker
  • This case is a re-run of Ragan
  • Does state tolling trump Rule 3?
  • Is there a conflict
  • Court says no
  • Compare w/ Burlington Northern
  • Since no conflict, what does ct do?
  • Why?
  • Is there a little Byrd singing in the court’s ear?
  • Related Search
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