Erie Doctrine

Question 1

Clearly Substantive Issues under Erie Doctrine

Answer 1

(1) Statutes of Limitations
(2) Rules for Tolling Statutes of Limitations
(3) Choice of Law rules
(4) Elements of a claim or defense

Question 2

Outcome Determinative Test

for whether an issue is substantive or procedural - Erie Doctrine

Answer 2

Issue is substantive if it substantially affects the outcome of the case proceeding

Question 3

Balance of Interest Test

for whether an issue is substantive or procedural - Erie Doctrine

Answer 3

If the State has the greater interest, the issue is substantive

Question 4

Forum Shopping Deterrence Test

for whether an issue is substantive or procedural - Erie Doctrine

Answer 4

If failing to apply the state law would increase litigation in federal courts, then the issue is substantive

Question 5

Erie Doctrine

Answer 5

A federal court in a diversity jurisdiction case will apply its own procedural law but must apply the substantive law of the state in which it is sitting.