Erie (The Bane of My Fucking Existence)

Question 1

When do you use Erie?

Answer 1

Federal DIVERSITY cases

Question 2

Overal Erie Question

Answer 2

Should the state law at issue be applied in this Federal DIVERSITY case?

Question 3

The 5 Erie Questions

Answer 3

1. Is the State Law Substantive
2. Is the state law one of the special laws the SC says you must apply?
3. Is state law in direct conflict with FRCP?
4. Would failing to apply this law result in FORUM SHOPPING and/or in the inequitable application of law?
5. Don’t apply it (Not really a question, Rueshcer)

Question 4

What are substantive state laws?

Answer 4

Contract, Torts, or Property

Question 5

If the state law IS substantive, then what?

Answer 5

Apply state law in action

Question 6

What are the special laws the SC says you must apply? (5)

Answer 6

1. Elements of a claim or defense
2. Statute of Limitations
3. Rules for tolling statute of limitations
4. Conflict (or choice) of law rules
5. Standard for whether to grant a new trial because a jury’s damages determination is excessive or inadequate

Question 7

If the state law IS one of the special laws the SC says you must apply, then what?

Answer 7

Apply it - why did you make a card for this you moron

Question 8

What to remember when asking if the state law is in direct conflict with the FRCP

Answer 8

ADDING something does NOT create conflict

Question 9

If the state law is in direct conflict with the FRCP, then what?

Answer 9

Don’t apply (use federal law instead) –> Supremacy Clause

Question 10

Forum Shopping

Answer 10

If the federal court ignores law on this issue, will it cause parties to flock to federal court

Question 11

If ignoring the state law would cause people to participate in forum shopping, then what?

Answer 11

Don’t apply, federal courts don’t like to work