Erie Doctrine

Question 1

Hanna Analysis

Answer 1

Applies when state law conflicts with federal rule or statute.

Does the fed rule (not statutes) abridge, enlarge, or modify substantive right? (Yes: next line. No: Erie)

Is the rule/statute constitutional?

• -If procedural, then constitutional (fed wins)
• -If procedural and substantive, then constitutional (fed wins)
• -If substantive, then no constitutional (do Erie)

Procedural = form/mode of enforcing rights/duties.

Question 2

Erie Analysis

Answer 2

(1) Would applying the federal standard implicate Erie’s twin aims by (i) promoting forum shopping or (ii) resulting in substantial variations between outcomes in state and federal court?
(No: fed wins. Yes: next step)

(2) Is the federal policy > state policy?
(Yes: fed wins. No: state wins)

Question 3

Pva sues Dny in SDNY for car crash that happened in CA. Do you apply CA or NY law?

Answer 3

The relevant conflicts law is the law of the forum state (where the action is pending). NY conflicts law will point to one of those states.

The point is that you look to NY to discover how to decide which state’s law to apply.