Sources of Law- Erie Flashcards
What substantive and what procedural law do Federal Courts apply in diversity cases?
State Substantive
Federal Procedural
Klaxon
Choice of Laws
The Federal Court uses the state substantive law for the state in which it sits
Swift- what was it about, and what rule do we get
bill of exchange in New York
Rule- only apply state law when a statute exists, or the law is based on positive, fixed, and ancient local usage
Here it was not, so they applied general law, so the Federal Court’s had free reign
Erie- What was it about and what is the rule
Pennsylvania citizen injured by a train
Overrules Swift and tells Federal Courts to apply state laws if they will cause a party to forum shop, or discriminates against the forum citizen.
Dunlap
burden of proof rules are not purely procedural, may be bound-up or substantive
Sibbach
divided the world into substantive and procedural rules held Rule 35 of FRCP to be strictly procedural
Palmer
Contributory negligence case Rule 8(c) only involves pleadings and so state law on burden of proof governs
Guaranty Trust
Statutes of Limitations question
Gives us the outcome determinative test
If the failure of applying a state law significantly alters the out come of the case then, the state law must be applied
statutes of limitations alter and therefore should be applied
Murphee
Rule 4(f) under Rules Enabling Act Upheld Rule 4(f) as the outcome determinative test was not concerned with incidental effects
Ragan
Statute of Limitations- stops at service or filing of complaint case
court did not answer if FRCP 3 applied but decided that the state statutes of limitations law was applicable
Woods
Statute closing door to foreign corporations who didn’t meet certain standards of contact, stat law up held
Cohen
providing of security for relief of shareholder of less than 5%
Found Rule 23 did not conflict with the requirement
Bernhart
arbitration clause and state law invalidated it
Court found this would substantially alter the outcome
Byrd
workmen’s compensation case
gives us the three types on laws under RDA
also gives countervailing federal interests to weigh against the Erie twin aims
Van Dusen
if transferred under 1404 then the transferee court must apply the conflict of laws of the original court
Hanna
personal injuries from an auto accident
tells us to ask if the rule under REA abridge, enlarges or modifies a substantive right
Burlington Northern
penalty for staying judgment for unsucessful appeal
Gives the test for REA under Hanna
Question if the effect is on a substantive right, or only an incidental effect and weigh that against maintaining a uniform system
Stewart Organization
forum selection clause
read 1404 broadly to apply to the clause
Ferens
van dusen rule applies when the plaintiff makes the transfer as well
Chambers
seeking specific performance of a contract
under hanna as long as the application of the federal rule does not violate the twin aims of Erie it can be applied
Business Guides
to overcome the presumptive validity of REA you must show that the Burlington Northern test has been violated
Gasperini
photo-journalist whose photo got destroyed
excessive jury verdict what standard counts
both can be applied so they will go with the federal rule which still protects the interests of New York
Semtek
SOL case
became barred under Cal SOL so plaintiff retried in Maryland
concludes that the scope of the Federal rules is governed by Federal common law
Shady Grove
Scalia’s Really Procedural Test
the only question that needs to be asked is if the rule is truly Procedural
