Erie Doctrine

Question 1

Erie RR v. Tompkins (1938)

Answer 1

• Under PA common law, RR companies could only be held liable for gross or willful negligence
• Tort case brought in diversity
• Justice Brandeis: federal courts in diversity cases must apply both state statutory law and state common law rules
• There is NO federal common law

Question 2

Erie Decision/Doctrine

Answer 2

• The Rules Decision Act must be interpreted to require federal courts to apply not only the state statutes, but the common law of the state in a diversity case
• Ct. cannot apply federal law or its perception of the proper rule, must apply law of the relevant state through statute or common law
• Federal cts. cannot dismiss state law claims just because they have jurisdiction to hear a dispute
• Federal judge is to apply state law as if she was member of that state’s highest court

Question 3

When is Erie Doctrine invoked?

Answer 3

When a state law claim is litigated in fed. ct. due to supplemental jurisdiction.

Note: Fed. ct. only has power to hear and decide the claim, not create new law

Question 4

Questions of Choice of Law

Answer 4

How do cts. determine which state’s law to apply?
- Choice of law rules

Which choice of law rules should a ct use?
- Choice of law rules of the state in which it sits
- Ex: NY ct of appelas uses NY choice of law

How does a court determine the content of law in another state?
- Erie “guess”
- Certification to the state’s highest court