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Erie Doctrine

The document outlines the Erie Doctrine test for determining whether state or federal law applies in a diversity case. It first asks if there is a direct federal directive on the issue, and if so federal law applies. If not, it proceeds to the Erie Problem analysis, applying the outcome determinative test, Byrd Balancing Test, and considering the twin aims of Erie - limiting forum shopping and equal administration of justice - to determine if state law should apply instead.

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Alfred Miller Jr.
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719 views2 pages

Erie Doctrine

The document outlines the Erie Doctrine test for determining whether state or federal law applies in a diversity case. It first asks if there is a direct federal directive on the issue, and if so federal law applies. If not, it proceeds to the Erie Problem analysis, applying the outcome determinative test, Byrd Balancing Test, and considering the twin aims of Erie - limiting forum shopping and equal administration of justice - to determine if state law should apply instead.

Uploaded by

Alfred Miller Jr.
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd

Erie Doctrine I. State law claim in diversity? A. No?-Not an Erie Problem; federal law applies B.

State and Federal law conflict? 1. Yes! Federal directive directly on the issue? a. Yes!

Does it violate the Rules Enabling Act? 2072. RULES OF PROCEDURE AND EVIDENCE; POWER TO PRESCRIBE (a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. (b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. (c) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title. (1) Is it arguably procedural? -Harlan Hannah (a) Modify a state law? i) Federal Law applies 2. Erie Problem a. Guarantee Trust outcome determinative test (1) At filing will ignoring the state law change the outcome? (a) Yes! State Law is substantive b. Byrd Balancing Test (1) The relationship between the sate procedural rule and a substantive right. (2) The interest of the federal judicial system. (3) The interest of the state. (1) State law applies c. Twin Aims of Erie At filing if the judge ignores the state law what will happen to the the twin aims of Erie? Will litigants flock to federal court? (1) Limit Forum Shopping (a) No Limiting, and unequal! State law applies (2) Equal administration of the law

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