Choice of Law: erie Doctrine

Question 1

Choice of law

Answer 1

FQ: G/R: federal substantive and procedural law controls and federal common law

DJ: state substantive law and applicable federal procedural law

Question 2

Substance or procedure?

Answer 2

If there is a valid federal statute on point when state and federal law conflict: apply federal law

Before applying federal rule: court must determine if the Rule is valid under the Rules Enabling Act: does it abridge, enlarge, or modify any substantive right?
If no, apply Federal rule, if yes, apply Federal Rule if in only incidentally affects litigant’s substantive rights

No federal rule on point: apply state law if failure to do so would lead to different outcomes in state and federal court

Question 3

Substantive law

Answer 3

Substantive law: elements of claim or defense, SOL and tolling provisions, burden of proof

Question 4

Procedural law

Answer 4

Judge/jury allocation, assessment of attorney’s fees, equitable/legal determination

Question 5

Federal common law

Answer 5

Admiralty
U.S. party to a case
Interstate disputes
Cases implicating relations w/ foreign countries
Cases where gov. acts in proprietary role and
When Congress has left gap in statutory scheme

DJ: when uniquely federal interest is at stake and significant conflict exists between that interest and operation of state law.

State court cases: if jx is concurrent w/ FQ jx and federal common law would have applied in federal court, then also apply in state court

Question 6

State conflict of law rules

Answer 6

Federal court must apply state’s conflict of law rules

DJ: district court bound by conflict of laws rules of state in which the district court is located, but only to extent that state’s rules are valid under Full Faith and Credit clause and Due Process Clause.

Procedural or substantive: states apply their own procedural laws and sometimes apply substantive law of foreign jx