ERIE

Question 1

Erie Doctrine - Rule

Answer 1

• When deciding substantive issues for which there are no controlling federal statutes, a federal court must apply the state law, as well as that state’s choice of law rules.
• Two aims for Erie are to (1) discourage forum shopping and (2) avoid inequitable administration of the laws.

Question 2

Erie Doctrine - Elements

Answer 2

1. State law claim brought under court’s
2. Diversity or supplemental jurisdiction
3. No federal statute covers to the issue
4. Three step process: (1) substantive/procedural? (2) FRCP procedural rule? (3) outcome determinative? and (4) balances of interest favor state law
5. No unusual federal interest.