Sources of Law- Erie

Question 1

What substantive and what procedural law do Federal Courts apply in diversity cases?

Answer 1

State Substantive

Federal Procedural

Question 2

Klaxon

Answer 2

Choice of Laws

The Federal Court uses the state substantive law for the state in which it sits

Question 3

Swift- what was it about, and what rule do we get

Answer 3

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

Question 4

Erie- What was it about and what is the rule

Answer 4

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.

Question 5

Dunlap

Answer 5

burden of proof rules are not purely procedural, may be bound-up or substantive

Question 6

Sibbach

Answer 6

divided the world into substantive and procedural rules held Rule 35 of FRCP to be strictly procedural

Question 7

Palmer

Answer 7

Contributory negligence case
Rule 8(c) only involves pleadings and so state law on burden of proof governs

Question 8

Guaranty Trust

Answer 8

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

Question 9

Murphee

Answer 9

Rule 4(f) under Rules Enabling Act
Upheld Rule 4(f) as the outcome determinative test was not concerned with incidental effects

Question 10

Ragan

Answer 10

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

Question 11

Woods

Answer 11

Statute closing door to foreign corporations who didn’t meet certain standards of contact, stat law up held

Question 12

Cohen

Answer 12

providing of security for relief of shareholder of less than 5%
Found Rule 23 did not conflict with the requirement

Question 13

Bernhart

Answer 13

arbitration clause and state law invalidated it

Court found this would substantially alter the outcome

Question 14

Byrd

Answer 14

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

Question 15

Van Dusen

Answer 15

if transferred under 1404 then the transferee court must apply the conflict of laws of the original court

Question 16

Hanna

Answer 16

personal injuries from an auto accident

tells us to ask if the rule under REA abridge, enlarges or modifies a substantive right

Question 17

Burlington Northern

Answer 17

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

Question 18

Stewart Organization

Answer 18

forum selection clause

read 1404 broadly to apply to the clause

Question 19

Ferens

Answer 19

van dusen rule applies when the plaintiff makes the transfer as well

Question 20

Chambers

Answer 20

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

Question 21

Business Guides

Answer 21

to overcome the presumptive validity of REA you must show that the Burlington Northern test has been violated

Question 22

Gasperini

Answer 22

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

Question 23

Semtek

Answer 23

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

Question 24

Shady Grove

Answer 24

Scalia’s Really Procedural Test

the only question that needs to be asked is if the rule is truly Procedural