3. Why do door closing statutes exist? Why do the purposes standing
behind the statutes suggest that a state law door closing statute
should not apply in a diversity case in federal court? What are the
countervailing federal policies suggesting that the statute not apply
in federal court?
Semtek
4. What does “on the merits” in 41(b) mean in light of Semtek? Given
this interpretation, does it make sense to have an exception to a
dismissal being on the merits for personal jurisdiction, subject matter
jurisdiction, and venue?
5. Pay close attention to questions 3a-b on pp. 743-44 of the casebook.
Why is Scalia's opinion in Semtek so wrong about such basic Erie law?
What was going on around the same time Semtek was being decided?
6. Semtek is about whether the state law on the claim preclsuive effect
of a dismissal should apply in a federal diversity cases? Should all
issues of claim preclusion be governed by state law in diversity cases?
What about state law on the scope of a claim?
Klaxon
7. Wouldn't the existence of a uniform federal law on choice of law
have positive effects, by encouraging the states to go along? Should
Congress pass a uniform choice of law statute for federal courts? Could
it pass a uniform choice of law statute for all courts, including state
courts?