Erie

Question 1

Background of Erie

Answer 1

• 10th amendment
• Supremacy Clause
• Article III section 1
• Judiciary Act of 1789
• necessary and proper clause
• REA
• RDA

Question 2

Article III section 1

Answer 2

Judicial Power vested in one Supreme Court. Gives congress power to establish inferior courts.
- does not say what law should apply in diversity

Question 3

Judiciary Act of 1789

Answer 3

Created those lower courts (district courts and courts of appeal)

Question 4

Necessary and Proper Clause

Answer 4

allowed congress to create rules for the courts

- ultimately, Congress delegates rule-making power to the courts themselves

Question 5

REA

Answer 5

• Lead to adoption of FRCP
• Supreme court has the power to prescribe general rules of practice and procedure and rules of evidence for cases of the US district courts and Courts of appeal
• such rules shall not abridge, enlarge or modify any substantive right

Question 6

RDA

Answer 6

The laws of the several states, except where US Constitution/treaties/acts of Congress otherwise provide, shall be regarded as rules of decision in civil actions in the courts of the US, in cases where they apply

Question 7

Step 1

Answer 7

Is there a federal rule “on point” or in direct collision with state law?
3 cases help clarify what track to use: they tell us to look at language and purpose, discretionary v. mandatory, and if federal rule would keep case alive.

Question 8

3 cases under step one

Answer 8

• Walker
• Burlington
• Stewart

Question 9

Walker

Answer 9

Are the state and federal rules equally as coextensive?

• If FRCP has a similar purpose but a broader application, FRCP applies
• If the state rule is broader, it seems more “bound up” and will apply
• look to the coverage, content and PURPOSE of the rule.

Question 10

Burlington

Answer 10

• the plaintiff sought a monetary penalty after the defendant filed an unnecessary appeal. This was mandatory under state law.
• In comparison, FRCP 37 and 38 give courts discretion to issue penalties after frivolous, unsuccessful appeals.
• the federal rule was discretionary and the state rule was mandatory.
• courts tend to favor discretionary rules because we don’t want to take away a judge’s discretion.
• federal rule seemed broader - if broad it will tend to include or be in direct collision with the state law and that is why we would view it as on point.

Question 11

Stewart

Answer 11

• State law was narrower and therefore had no role to play

- discretionary test vs mandatory

Question 12

Step 2

Answer 12

If you decide rule is “on point” go to REA pathway (Hanna)

Question 13

Under REA pathway we analyze (1)

Answer 13

1) is the rule really a rule of practice and procedure (Sibbach)

Question 14

How is a rule procedural?

Answer 14

• Scalia would say if it’s in the FRCP, it’s procedural (Shady Groves)
• if it deals with pleadings and sanctions and a standard for those
• doesn’t affect whether P can get recourse for injury, etc.

Question 15

Step 3

Answer 15

Explain the RDA pathway if there is no FRCP “on point”/in direct collision

Question 16

Step 3 rules (1)

Answer 16

1) would the outcome be substantially different? [Armco Steal]

Question 17

Step 3 rules (2)

Answer 17

2) balance with twin aims of Erie [Erie]
- avoid forum shopping
- avoiding inequitable administration of law

Question 18

Step 3 Rules (3)

Answer 18

3) Also consider if state rule is “bound up with state-created rights” and if there is a strong counterveiling federal interest [Byrd, York]
- if no federal interest, and no clearly different outcome, use the state law
- if there is a federal interest, use FRCP

Question 19

Step 2: Under REA pathway we analyze (2)

Answer 19

2) does it abridge, enlarge, or modify a state substantive right? (Sibbach)

Question 20

Step 2: Under REA pathway we analyze (3)

Answer 20

3) FRCP has never been ruled invalid under this track