Civil Procedure

Question 1

Erie Doctrine (Federal Question)

Answer 1

When determining whether to do an Erie analysis, the threshold question is whether SMJ is based on a federal question. If SMJ is based on federal law, there is no Erie problem

Question 2

Erie Doctrine (Diversity)

Answer 2

If SMJ is based on diversity, the question becomes whether the issue at hand is substantive or procedural. For substantive issues, apply the state substantive law of the state where the federal court sits