RDA Pathway

Question 1

When do we go RDA?

Answer 1

When there is no FRCP “on point” or in “direct collision” with state law

Question 2

Erie

Answer 2

Is there a substantive state rule of decision that conflicts with a federal rule

Question 3

York

Answer 3

Would the outcome be substantially different if the court disregarded the state rule?

Question 4

Guaranty Trust

Answer 4

GUARANTY TRUST
Outcome Determinative Test:

(1) If we use state law, the case is dismissed right now.
(2) If we use federal law, this case will proceed in the stream of litigation.

Thus, we must follow the state law.

Question 5

What case is the Twin Aims of Erie from?

Answer 5

Hanna

Question 6

Twin Aims of Erie

Answer 6

HANNA
Twin Aims of Erie:

(1) Avoid Forum Shopping
(2) Avoid the inequitable administration of law

If we ignore the state law, will it cause parties to flock to federal court?

Question 7

Byrd

Answer 7

BYRD
Balance of Interests Test:

(1) If a law or rule is not clearly substantive, the federal court should apply it
(2) If a state has no interest for why they follow a rule but a federal court has a strong interest for why they follow a rule, the federal interest outweighs the state interest and we apply the federal rule.

Question 8

Application?

Answer 8

(1) Argue that this is a substantive right issue

(2) Argue that the outcome would be substantially different if heard in a federal court