Monday, April 10, 2017

For Wednesday

Monday audio.

We pick up with Atlantic Marine. How does the presence of a forum-selection clause affect both the § 1391 and § 1404 analysis (the Court enumerates 5 ways). What is the connection between § 1404 and Forum Non Conveniens; when does the latter come into play. Look at Fla. § 1.061 for its version of F/N/C.

Then be ready to discuss the Personal Jurisdiction Review Hypo, which will be posted separately.

Then go on to Erie: Introduction and History. Read Erie with great care, identifying the five steps Justice Brandeis takes in overturning Swift.  Think about how the parties raised these issues procedurally. Read and understand § 1652, which is the touchstone for all of this.