Applying the Hanna/Erie Doctrine

Black Letter Rule:

Federal Case Under Diversity
Is there a federal
provision on point that
directly conflicts?
In diversity cases, a
federal court must apply
state substantive law.
Two Reasons:
1. The 10thAm states that
any law not specifically
granted to the federal
govmt must be retained by
the states
2. TheRules of Decision
Act (RDA), Now §1652

Yes Apply federal law as

long as it's valid/arguably
No Is the issue
substantive and outcome
procedural under Rules
determinitive?
Enabling Act. (hint: it is.)

Yes Balance of interest:

Does Federal Court have
significant interest
(including Twin Aims)?

Yes Does decision

No judge can ignore state
comport with the Twin Aims
law.
of Erie?

Twin Aims of Erie:

Avoid forum shopping. Avoid
inequitable administration
of law.