Law Applied in Federal Court

Question 1

When is the Erie doctrine used?

Answer 1

When there is a conflict as to which law to apply - state or federal.

Question 2

What is the first step of the Erie doctrine?

Answer 2

Ask “is there some federal law that directly conflicts with state law here?”

If yes, apply federal law (Supremacy clause)

Question 3

What is the second step of the Erie doctrine?

Answer 3

If there is no federal law, federal judge must apply state law if the issue is substantive.

Question 4

What are the 5 issues that the court must apply state law?

Answer 4

1. Conflict (or choice) of law rules
2. Elements of a claim or defense
3. Statutes of limitation
4. Rules for tolling statutes of limitations; and
   Standard for granting a new trial because the jury’s damages award was excessive or inadequate

Question 5

Important distinction for statute of limitations rules

Answer 5

Statute of limitations are considered substantive for erie and such are state law governed.

Statute of limitations are procedural for conflicts of laws issues and such are federal law governed

Question 6

What is step three of the Erie doctrine?

Answer 6

If no federal law and not one of the 5 state requirements, the judge must weigh factors
1. outcome determinative - ignoring state law affects the case
2. Balance of interests - strong interest
3. avoid forum shopping - would ignoring state law cause parties to flock to federal court