Erie Doctrine

Question 1

Erie and post-Erie landmark holdings

Answer 1

1. Erie said that procedural vs. substantive was important
2. York said that outcome determinative is what mattered
3. Byrd said the importance of underlying and competing rules is what mattered.
4. Hanna says that where applying a federal rule would not impact the risk of forum shopping, the federal rule should apply.

Question 2

The Erie Doctrine

Answer 2

1. In federal diversity, court will apply federal procedural laws but
2. State substantive laws
3. Procedural laws are choice of law rules, statute of frauds, damages, statute of limitations, and staute of limitations that condition a substantive right
4. Substantive laws are those which determine the rights and duties of everyday conduct (e.g., contract and tort law).

Question 3

Erie/Hanna issues where federal wins

Answer 3

1. Judicial approval for punitive damages
2. Judge vs. jury determinations
3. Filing suit under federal law (e.g., SEC)
4. Service in compliance with Rule 4 but not state law
5. Postjudgement interest rate
6. Pleading standard stricter than Rule 8
7. Joining prohibited under state but allowed under Rule 20
8. Forum selection clause prohibited by state but allowed under §1404(a)
9. State law requiring affidavit of merit for medical malpractice claims, not required under Rule 8(a)

Question 4

Erie/Hanna issues where state wins

Answer 4

1. Caps punitive damages
2. Commencement of claim filing & service
3. State law provides for attorney’s fees
4. State law requiring employees prohibiting tort claims