Erie

Question 1

Erie Step 1

Answer 1

Is there a valid federal law on point? If so, apply that law.

Question 2

Erie Step 2

Answer 2

If no federal law on point, is the issue clearly substantive?
-choice of law rules
-elements of a claim or defense
-statutes of limitations
-standard for granting a new trial due to excessive/inadequate damages
If so, apply state law.

Question 3

Erie Step 3

Answer 3

If the issue is not clearly substantive, determine if it is substantive by weighing:
-whether the issue is outcome determinative
-whether the issue would encourage forum shopping
-whether there are strong federal interests in applying federal law