Law Applied in Federal Court

Question 1

Erie doctrine— step 1:

Answer 1

Is there a federal law on point that directly conflicts with state law? If so, apply the fed law as long as it’s valid

Question 2

Erie doctrine— step 2:

Answer 2

If no fed law on point, the fed judge must apply state law if the issue to be decided is “substantive.”

Clear substantive issues:
Conflict (or choice) of law rules
Elements of a claim or defense
Statutes of limitations
Rules for tolling SoLs
Standard for granting new trial because jury’s award was too much or too little

Question 3

Erie doctrine— step 3:

Answer 3

If there’s no fed law on point and it’s not one of the “clearly substantive” issues, then the fed judge will determine whether the issue is substantive using criteria like balancing interests, avoiding forum shopping, etc…