What law applies?

Question 1

Erie RR v. Tompkins

Answer 1

The federal courts do not have the power to create common law and state common law falls under the RDA

Question 2

Byrd v. Blue Ridge Electrical

Answer 2

Federal judge-made law was on point - was the state law bound up in the right and remedy or merely a form and mode? If form and mode, engage balacing test.

Question 3

Hanna v. Plumer

Answer 3

Will applying the judge-made rule cause intrajx forum shopping at the outset of litigation?
For FRCP, established that § 2072(a) establishes that ALL FRCP are constitutional

Question 4

Walker test

Answer 4

Determined that Rule 3 tolled SOL in FQ cases and did not in diversity cases in order to avoid collision

Question 5

York test

Answer 5

Outcome determinative test (Byrd and Hanna refined this)

Question 6

Shady Grove v. Allstate

Answer 6

Give natural reading to FRCP, check intent of state law, does application of FRCP violate § 2072(b)?

Question 7

How to address judge made law

Answer 7

What is the source of the law?
Judge made
Is law on point?
Is the state law bound up in a “right and remedy?”
Yes - apply state law; No take next step
Will applying federal law cause jx forum shopping at outset of litigation?
Law is form and mode, apply state federal balancing test

Question 8

How to address FRCP

Answer 8

What is the source of the law?
FRCP - §2072(a) says constitutional
Is law on point? Give natural reading to FRCP and intent of state law.
Will applying FRCP violate § 2072(b)?