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Eerie Flow Chart

The document outlines the steps an Erie analysis takes to determine whether state or federal law applies in a diversity case. First, it determines if the issue can be readily classified as substantive or procedural. If substantive, state law applies. If not, it considers the twin aims of Erie to avoid forum shopping and unequal administration of laws. If those aims are undermined, state law applies. Otherwise, it considers if any federal rules or statutes control and whether they directly collide with state law.

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484 views1 page

Eerie Flow Chart

The document outlines the steps an Erie analysis takes to determine whether state or federal law applies in a diversity case. First, it determines if the issue can be readily classified as substantive or procedural. If substantive, state law applies. If not, it considers the twin aims of Erie to avoid forum shopping and unequal administration of laws. If those aims are undermined, state law applies. Otherwise, it considers if any federal rules or statutes control and whether they directly collide with state law.

Uploaded by

MissPardis
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Erie: Initially determine whether the issue can be readily classified as substantive, then would apply state law,

or procedural law, then would apply federal law If no clear answer, then the analysis proceeds to determine whether either of the twin aims of Erie is undermined: the discouragement of forum-shopping and avoidance of inequitable administration of the laws.

Step 1:

Can the issue be readily classified as substantive

If Substantive law: State law applies as per Erie

(state) or procedural (federal)

If not substantial law, then go to step 2

If maybe substantive law, then go to step 3

Step 2: Does FRCP or FRE apply?

Step 3: Hybrid

No: Then use WALKER


analysis: superimpose state law with federal law 1. Is it broad enough to control? 2. Valid exercise of congressional authority 3. NO Direct Collision

Yes: Federal law applies FRCP: Use Hanna Analysis


STATUTE: Use Stewart Analysis 1. Is it broad enough to control? 2. Valid exercise of congressional authority 3. DIRECT COLLISION

Substantive + Procedural:
Use York Outcome determining test Federal courts need to apply state law in matters of form and modes of procedure when the outcome can be significantly different, we refer to state law

+
Byrd Balancing Test : The significance of competing federal and state policies must be compared and state laws cannot alter the essential character or function of a federal court. Gasperini: Breathes new life into the York outcome determining test and the Byrd Balancing Test

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