Erie again

Question 1

STEP(1) Erie

Answer 1

DiversityAnalysis– IRAC Diversity – if fedctis sitting in diversity, Erie is in play.If FQErie analysis

Question 2

STEP (2) Erie

Answer 2

STEP (2)

Fed Law:Is there afed law on point?Yes. It applies if valid. NoaErie analysis.

Question 3

Step 3 Hanna Prong: Ask?

Answer 3

Hanna Prong: Does fed law on point directly conflict with state law?If yesaHanna analysis. If no: Erie analysis.
Hanna Analysis

Question 4

Hanna Analysis
First ask:
Is rule on point …

Answer 4

Hanna Analysis
1. Is rule on point (“intended or designed to govern issue at hand” such thatrule’spurposeis served by applying it)?

Question 5

Hanna Analysis
Second ask:
Is the fed law valid under Rules Enabling Act?

Answer 5

Is the fed law valid under Rules Enabling Act?

Question 6

Hanna –Third analysis

Answer 6

Validity Standard = fed law does not abridge, enlarge, or modify any substantive rights and is “arguably” procedural.
NOTE: FRCP never held invalid under REA.

Question 7

If Yes to both Hanna prongs–the fed rule is on point and the fed law is valid under the Rules Enabling Act then…

Answer 7

If yes to both above= apply fed rule under “Supremacy Provision of the U.S.Constit.

Question 8

STEP (3) Erie Prong(no fed rule on point– fedctsitting in div or suppjdx).

Answer 8

STEP (3) Erie Prong(no fed rule on point– fedctsitting in div or suppjdx).
RULE:In diversity cases fedctmust applystate substantive law of state in which it is sitting as compelled by Rules of Decisions Act and 10thAmendment; AND Federal laws and rules or practice and procedure, if they are valid.

Question 9

STEP (3) Erie Prong(no fed rule on point– fedctsitting in div or suppjdx).
RULE:In diversity cases fedctmust applystate …

Answer 9

STEP (3) Erie Prong(no fed rule on point– fedctsitting in div or suppjdx).
RULE:In diversity cases fedctmust applystate substantive law…
of state in which it is sitting as compelled by Rules of Decisions Act and 10thAmendment; AND Federal laws and rules or practice and procedure, if they are valid.

Question 10

STEP (3) Erie Prong(no fed rule on point– fedctsitting in div or suppjdx).
RULE:In diversity cases fedctmust applystate of state in which it is sitting as compelled by Rules of Decisions Act and 10thAmendment;…

Answer 10

STEP (3) Erie Prong(no fed rule on point– fedctsitting in div or suppjdx).
RULE:In diversity cases fedctmust applystate substantive law…
of state in which it is sitting as compelled by Rules of Decisions Act and 10thAmendment;

AND Federal laws and rules or practice and procedure, if they are valid.

Question 11

Substantive for Erie Purposes: following are clearly substantive.

Fedcourtmust apply state law.

Answer 11

Substantive for Erie Purposes: following are clearly substantive.

Fedctmust apply state law.

SOL,
rules for tolling SOL,
choice of law rules, and
Law regarding elements of claim or defense.

Question 12

STEP 4
If there is no fed substantive law on point, but it is not clear that state provision is clearly substantial, consider 3 tests to determine:

Answer 12

STEP 4
If there is no fed substantive law on point, but it is not clear that state provision is clearly substantial, consider 3 tests to determine:
	1. Outcome Determinative
	2. Balance of Interests:
	3. Twin Aims of Erie:

Question 13

STEP 4 –

Answer 13

STEP 4
If there is no fed substantive law on point, but it is not clear that state provision is clearly substantial, consider 3 tests to determine:

Question 14

1. Outcome Determinative:

Answer 14

Issue is substantive if it substantially effects the outcome of the case.

Question 15

2. Balance of Interests:

Answer 15

If the rule is not clearly substantive, the fed court should apply stateunless they have some greater interest in doing it differently.

Question 16

3. Twin Aims of Erie:

Answer 16

Avoid forum shopping & the inequitable administration of law. Issue is substantive if failing to apply state law would increase litigation in fed ct.