Erie Doctrine Flashcards
What are the 2 main rules from Hanna v. Plumer?
Hanna 1 - Will it change the outcome to be in federal court versus state court, will it lead to forum shopping, and is there a substantive federal issue at play in the case? If yes to the first two questions, use state law. If the answer to the last question is yes, then use federal law.
Hanna 2 - Is there a federal rule? Then apply it and use federal law instead of state law.
What case overturned Swift v. Tyson and what was the rule?
Erie Railroad Case. To avoid discrimination of in state residents by using federal law, we should use state law when there are substantive issues and only federal law when there are procedural questions. This is to prevent forum shopping and inequitable discrimination of in state residents.
What is the rule from the York Case?
If a case is outcome determinative by choosing federal law over state law, (determining if the issue is substantive) then you use state law.
What is the rule from the Byrd Case?
If federal gov. has a countervailing interest at play, then use federal law over state law.