Erie Doctrine I. State law claim in diversity? A. No?-Not an Erie Problem; federal law applies B.

State and Federal law conflict? 1. Yes! Federal directive directly on the issue? a. Yes!

(1) State law applies c. (b) Such rules shall not abridge. POWER TO PRESCRIBE (a) The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. Twin Aims of Erie At filing if the judge ignores the state law what will happen to the the twin aims of Erie? Will litigants flock to federal court? (1) Limit Forum Shopping (a) No Limiting. Erie Problem a. (c) Such rules may define when a ruling of a district court is final for the purposes of appeal under section 1291 of this title. enlarge or modify any substantive right. and unequal! State law applies (2) Equal administration of the law . (3) The interest of the state.Does it violate the Rules Enabling Act? ¤ 2072. RULES OF PROCEDURE AND EVIDENCE. Guarantee Trust outcome determinative test (1) At filing will ignoring the state law change the outcome? (a) Yes! State Law is substantive b. (2) The interest of the federal judicial system. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. (1) Is it arguably procedural? -Harlan Hannah (a) Modify a state law? i) Federal Law applies 2. Byrd Balancing Test (1) The relationship between the sate procedural rule and a substantive right.

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