Choice of Laws & Erie Doctrine Flashcards
What is the first step of the Hanna Framework?
Is the case in federal court?
If yes, go to question 2.
If no, then state law is likely irrelevant.
What is the second step of the Hanna Framework?
Is the substantive claim based on state law?
If yes, go to question 3.
If no, then the state law is likely irrelevant.
What is the third step of the Hanna Framework?
Is there a “procedural” issue that federal and state courts resolve differently?
If yes, go to question 4.
If no, then the difference doesn’t matter.
What is the fourth step of the Hanna Framework?
Is the basis for the federal court’s approach based on a positive source of procedural law (e.g. FRCP or 28 USC)?
If yes, go to question 5.
If no, then look at Erie, Guaranty Trust, Challoner, and Gasperini.
What is the fifth step of the Hanna Framework?
Does the positive source of law clearly apply?
If yes, use the positive source of federal law.
If no, then look at Hanna, Walker, Semtek International, Burington Northern R. v. Woods, and Shady Grove
What does Erie show?
State tort law governs in federal court.
What does Guaranty Trust show?
State statutes of limitations govern in federal court.
What does Challoner show?
State choice of law rules govern in federal court.
What does Gasperini show?
State standard for review of jury verdict governs in federal court.
What does Hanna show?
FRCP 4 governs method of service of process in federal court.
What does Walker show?
Initiating case under FRCP 3 does not clearly toll the state statute of limitations?
What does Semtek International show?
Dismissal under FRCP 41(b) does not clearly preclude refiling claims dismissed based on state statute of limitations.
What does Burington Northern R. v. Woods show?
FRAP 38 clearly governs sanctions for appeals in federal court.
What does Shady Grove show?
FRCP 23 clearly governs scope of class actions in federal court.
