Wednesday audio--Section A, Section B.
We continue working through the Erie Puzzles, beginning with # 4. Now that you know how the analysis goes, take some time to work through the problems again and check your work against what we did today.
Note that what we are doing with # 4 is considering the arguments that each party will make--Plaintiff, arguing that the special motion is not available, needs FRCP to apply and makes the arguments we described; Defendant, arguing that the special motion is available, needs to state law to apply and makes the arguments we were describing at the end of class.
In addition, reconsider # 1 (the disclosure rule)--is there an argument that no Act of Congress controls and it requires an unguided Erie analysis?
