Erie Doctrine

Question 1

Erie Doctrine

Answer 1

Under the Erie Doctrine, a federal court sitting in diversity must apply substantive state law, but it will apply federal procedural law. If there is a valid federal directive on point, it will be applied.

Question 2

Substantive Areas:

Answer 2

1. Conflict of law/choice of law rules;
2. Elements of claim/defense;
3. Statute of Limitations;
4. Rules for tolling Statute of Limitations;
5. Standard for granting new trial because jury’s damages award was excessive of inadequate

Question 3

Issue Not Substantive

Answer 3

Weigh factors:
1. Outcome Determinative - Would applying state law affect of the case?
2. Balance Interests - Does either federal or state system have strong interest in having its rule applied?
3. Forum Shopping - If federal court ignores state law, will it cause parties to flock to federal court?