Federal-State Conflicts

Question 1

Under the Erie Doctrine,

Answer 1

a federal court sitting in diversity jurisdiction MUST apply the law of the forum state in which it sits (NOT its own federal law) regarding substantive issues.

However, federal courts are free to apply their own rules to procedural issues.

Question 2

Federal courts are free to apply their own rules to

Answer 2

procedural issues.

Question 3

Are choice of law issues considered substantive?

Answer 3

YES. NOTE. Choice of law issues are considered substantive; therefore, a federal court sitting in diversity MUST apply the forum state’s choice of law rules.

Question 4

Must a federal court sitting in diversity apply forum state’s choice of law rules?

Answer 4

Choice of law issues are considered substantive; therefore, a federal court sitting in diversity MUST apply the forum state’s choice of law rules.