Erie Cases

Question 1

Swift

Answer 1

federal rule

Question 2

Erie

Answer 2

state

Question 3

York

Answer 3

outcome determinative test: if state SOL was brought, case was over, if the fed practice governed, it would go forward

Question 4

Hanna

Answer 4

direct conflict: MA law - personal service on D; fed law: service w/ any competent adult

Question 5

Stewart Org

Answer 5

direct conflit: AL law: forum selection clause in K are void; fed: forum selection clause in K are valid (state totally prohibits)

Question 6

Walker

Answer 6

No direct conflict: FRCP: suit commences upon filing the claim; OK law: suit commenced when complaint served

constitutional track

Question 7

Shady Grove: Scalia

Answer 7

class action in fed court

direct conflict (so stat track): (901(b)) of NY state law v. Rule 23 of FRCP

certifiability & eligibility are the same thing

Question 8

Shady Grove: Ginsburg

Answer 8

federal interest in not having a class action & focus here is on the remedy (however, capping damages doesn’t change liability so still procedural)