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Author Topic: Eerie Problems  (Read 646 times)

lakrank

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Eerie Problems
« on: December 14, 2005, 03:50:46 PM »
Hey everyone,

I'm having a lot of issues with Erie Doctrine. Can someone provide a good, consice framework to use when analyzing a diversity case that ended up in a federal court. What to do? What to start with?
Thanks a lot.

CoxlessPair

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Re: Eerie Problems
« Reply #1 on: December 14, 2005, 04:31:18 PM »
A. Arises out of DIVERSITY cases only.
B. Erie: Federal courts are to apply the substantive law of the state in which they sit.
   i. Discourages forum shopping and inequitable administration of laws. 
C. York: Outcome Determinative Test.
i. Federal court should apply STATE PROCEDURAL LAW if the federal procedural law would or could vitally affect the outcome of the case.
ii. If applying federal law would mean a different outcome, state law statute of limitations would apply.
D. Byrd:
i. If there is a strong federal policy backing up a federal procedure (e.g. the 7th amendment guarantee of a jury trial) it can override state procedural law EVEN IF it is outcome determinative.
   
E. Hanna: TWO part test.
   i. If there is a valid federal rule on the subject (on point), it is to be followed.
ii. If there is not a federal rule that exactly applies, apply the Erie test (will federal rule application result in forum shopping and inequitable administration).
Air Force JAG Corps

lakrank

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Re: Eerie Problems
« Reply #2 on: December 14, 2005, 04:38:00 PM »
My issue is with the whole procedural versus substantive...FRCP came out of the Rules Enabling Act, right? I am slowly dying. Help.

jimmyjohn

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Re: Eerie Problems
« Reply #3 on: December 14, 2005, 06:14:20 PM »
My issue is with the whole procedural versus substantive...FRCP came out of the Rules Enabling Act, right? I am slowly dying. Help.

Yes, they did.  They are always procedural, and when they conflict with a state law you have to ask yourself: is the state law procedural or substantive?  If it is procedural, apply federal law.  If the state law is substantive, apply state law.

inthesun

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Re: Eerie Problems
« Reply #4 on: December 16, 2005, 11:34:52 AM »
Glannon's Civ Pro E&E has a very good, very thorough discussion on Erie.  You should read it, and then try to Erie questions at the end of the chapter.