The Erie Doctrine

Question 1

What does 28 USC 1652 state in regards to which law applies to diversity jurisdiction?

Answer 1

Laws of the several states will apply to diversity jurisdiction

Question 2

What is the timeline of cases for the Erie Doctrine as it stands today?

Answer 2

1) Swift
2) Erie
3) York
4) Klaxon
5) Byrd
6) Hanna

Question 3

How was federal law treated under Swift?

Answer 3

Federal General Common Law was treated as its own state in that they applied their own law.

Question 4

How was state law used under Swift?

Answer 4

It was used for procedural issues

Question 5

What was the goal of the court under Erie?

Answer 5

To remove forum shopping

Question 6

What law should a federal court sitting in diversity jurisdiction exercise?

Answer 6

The law of state in which it sits

Question 7

What did Erie do with federal general common law?

Answer 7

It removed it

Question 8

What is the Outcome-determinative test from Guaranteed Trust?

Answer 8

If the outcome would change in any way, shape, or form because it was filed in federal court rather than state court, than the state law will be used.

Question 9

What type of issue is statute of limitations?

Answer 9

Quasi-procedural: It effects substantive issues, but also procedural issues as well

Question 10

What law should be applied for a substantive, procedural and quasi-procedural issue under Guaranteed Trust?

Answer 10

Substantive–> State
Quasi-Pro –> State
Purely Procedural –> Federal

Question 11

What is the rule for applying Conflicts of Laws from Klaxon?

Answer 11

If another state hears something that occurred within a different state, governed by that states law, then they will apply the law of the state where the injured occurred..

Question 12

What is the rule from Byrd?

Answer 12

Where there is a strong federal policy in place on a procedural issue, a federal court sitting in diversity will apply the federal rule rather than the state law.

Question 13

What is Certification?

Answer 13

Federal court asks the state court to advise them on how to decide a case of state law.

Question 14

Byrd Analysis

Answer 14

Used for a conflict between a federal practice and a state law
1) Is the conflicting state law so bound up with the states definition of the rights or obligations of the parties?
IF YES - STATE LAW
IF NO - Even if the state law is not bound up, would its application determine the outcome of the case?
IF NO- FEDERAL PRACTICE
IF YES- Apply state law, but ask: Are there any affirmative countervailing considerations of federal judicial administration present?
IF YES - FEDERAL PRACTICE
IF NO - STATE LAW

Question 15

Hanna Part 1 test

Answer 15

Two considerations:
1) Would the difference between state and federal lead a party to forum shop between them?
2) Would applying one or the other lead to inequitable administration of the laws?
IF EITHER 1 OR 2 IS YES, STATE LAW APPLIES

Question 16

Federal Statute vs. State law conflict test

Answer 16

Is the federal statute constitutional under Article I, Section 8?
IF YES, APPLY IT.

Question 17

Hanna Part II test

Answer 17

Applies to a conflict between a Federal Rule of Civil Procedure and a state law
CONSIDER: Is the federal rule being considered valid or constitutional under the Rules Enabling Act (28 USC 2072)?
1) Does the federal rule regulate practice and procedure (2072(a))?
2) Does the federal rule abridge or modify a substantive right (2072(b))?
IF YES ON 1 AND NO ON 2, APPLY FRCP, IF NOT, APPLY STATE LAW.