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Flashcards in Erie Doctrine Deck (8)
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Under the Erie doctrine, federal courts sitting in diversity apply:

state substantive law and federal procedural law


The twin aims of the Erie Doctrine are:

1. to discourage plaintiffs from forum shopping
2. to avoid inequitable administration of the laws


If an applicable Federal Rule of Civil Procedure exists, the federal rule applies if the rule is:

1. Arguably procedural and
2. Does not abridge, enlarge, or modify any substantive right
even if application of the federal rule leads to a different outcome than if state law had been applied


What case was this the rule of?When a valid federal rule that conflicts with state common law speaks to the issue in guestion, the Erie doctrine does not apply

Hanna v. Plumer


If an applicable federal procedural statute exists, the federal procedural statute applies if:

1. the statute was designed to address the issue presented and
2. the statute conflicts with state law


If there is no federal rule or procedural statute applicable to the case or if it is not clear whether a law is substantive or procedural, then the federal court must balance several factors:

1. Whether the state law is outcome determinative
2. Whether there is a strong state interest in applying state law
3. Whether there is a strong countervailing federal policy that overrides state policy
4. Whether the application of one law would work against the twin aims of the Erie doctrine


If the laws of more than one state may apply to a case, then to determine which state's laws will govern, a federal court must apply the choice of law rules of the state in which:

the federal court sits


If no court in the state has considered the issue in questioning,

the federal court must decide what the state's highest court would do if confronted with the issue