5. If discrimination against in-state defendants really is a problem, could it be solved by allowing in-state

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5. If discrimination against in-state defendants really is a problem, could it be solved by allowing in-state defendants to remove to federal court? Does it make sense to require federal courts to apply state law in diversity cases simply out of a desire for parity between in-state defendants who cannot remove and out-of-state defendants who can? Justice Brandeis used the Black & White Taxicab case to illustrate the evils resulting from Swift. But could the problem in that case have been handled without overruling Swift by preventing reincorporation solely to assert diversity jurisdiction?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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