Choice of Law - Erie Doctrine Flashcards
In a diversity suit in State B, which has a conflict of law rule stating that procedural matters are those of B but substantive are where the wrong occurred (in this case State A), whose burden of proof would be used?
State B because under Klaxon, burden of proof is considered procedural
What should a court do in a case in which (1) the state statute’s substantive and procedural provisions varies somewhat from the federal statute (2) but the existence of an actual conflict was fact dependent?
The court must first decide if there is an actual conflict because for Erie purposes, there is no need to proceed any further if there is no conflict between state and federal law
Can a court apply federal law in a diversity case if the state law of the forum state permits assumption of risk defense and while there is no federal statute or rule on this issue, federal common law generally doesn’t permit the assumption of risk defense?
No, because a federal court cannot apply federal common law if (1) conflict exists, (2) no federal rule / statute is on point, and (3) applying federal common law would produce a different result than in state court UNL there is countervailing federal interest at stake
What must the court do in a federal diversity case if a state statute requires the party losing on appeal to pay a 10% penalty but federal rule states the penalty is discretionary?
The court determine if the rule abridges, enlarges or modifies the substantive rights of the parties because (1) there is already a conflict, and (2) there is a federal rule that is on point
Which law does a court apply in a diversity case where (1) an on point federal statute exists, (2) as well as a state statute with lower standards, and (3) D would be absolved of liability under the state but not the federal statute?
The court must apply federal law because (1) there is a conflict between state and federal law and (2) there is a valid federal statute on point
