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Fourteen law school professors teamed up to write the Story of Civil Litigation, providing insight into major civil cases. Each professor writes a short chapter on one of the cases, telling the case in his own voice and in his own way. Each chapter includes different sections about: The social and legal context of the case The actual context of the case The proceedings of the lower court in the case The final decisions of the appeal, including the issues Separate topic, decision, reason and opinion Postscript Facts about the case The immediate impact of the case on the development of the law (why this case became famous and when did it start) Continued importance of the case today (why is it still a top case)
Piper Aircraft V. Reyno
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Civ Pro Lecture Notes 11:12
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American Journal of International Law, Volume 76, Issue 2, April 1982, pages 394-396
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1 These cases were first brought before the California Supreme Court. At petitioner's suggestion, they were transferred to the United States District Court for the Central District of California and then to Pennsylvania.
Courts include “easy access to sources of evidence; availability of mandatory attendance of unwilling witnesses and costs of obtaining attendance of willing witnesses; the ability to visualize structures, if the vision will match the action; and all other practical matters that make the trial easier, faster and cheaper.” Items of public interest include the burden of court calendars; local interest in local dispute resolution at home; has an interest in having a diversity action determined in a forum consistent with the governing law; avoid unnecessary conflict of laws, or application of foreign laws; and the unfairness of burdening citizens in courts that have nothing to do with the work of judges. 330 U.S. at 508-09. The case is Piper Aircraft Co. v. Reyno, 454 U.S. 235 (U.S.Pa., 1981. ) Samantha was cold-called to this case on the last day of Civil Procedure, first semester of the 1L year. This short case literally saved his life on that cold call, and it was his cold cold call.
Facts: (I actually explain my facts in my summary for this class in particular, in other classes I usually only have 3 sentences of fact.)
Problem: If the case is dismissed on the grounds that the court is disturbed when all the witnesses and evidence are in another country, the judges in the other country will have more involvement in the case. the case in the jurisdiction to which it was sent, and to what extent will the laws of the other country apply?
How Diversity Cases With In State Defendants Can Get To Federal Court: A Historical Look At Diversity Jurisdiction And Snap Removals
Procedural Orientation: (Be careful if your teacher asks about procedural orientation, because the only professor who really cares is my Social Process Professor. You can skip adding more. this part.)
Rule: Plaintiffs may not dismiss a motion to dismiss on the ground that the forum is prejudiced by stating that the applicable law to be applied in another forum is less favorable to the plaintiff than the law of the current forum.
H&R: Yes. The decision of the Court of Appeal was reversed. Reyno is missing. The district court correctly determined that the presumption in part of the defendant's chosen forum was exercised with less force because the parties actually had an outside interest. It did not act irrationally in deciding that the point of private interest in question was another. It did not act improperly in deciding that the public interest supported a Scottish trial.
Forum non conveniens: A doctrine that allows a court to dismiss a case in its jurisdiction if another jurisdiction is ready to hear the case.
Civil Procedure Stories (law Stories) By Kevin Clermont **mint Condition**
First example: (TF stands for "trigger event" and I often use it for complex situations.)
Piper: Plaintiffs may not dismiss a motion to dismiss on the grounds that the forum is prejudiced by pointing out that the applicable law to be applied in a different forum is less favorable to the plaintiff than the law of the current forum.
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