Erie 1
What is the core question/problem behind Erie Doctrine?
When a federal court can use federal law or they have to use state law?
Outcome Determinative tet
Is this an issue that can impact or change the outcome of the case?
Step One of the flow chart
Does the federal court need to decode an issue where the federal and state approaches conflict?
What does it mean to be within the scope of the REA and Constitutional
IS the rule arguably procedural?
Doesn't confer on the rights of the person rather shows the rules of the game
What is the only time we are concerned about Erie questions?
Diversity based situations
Hanna v. Plumer
Uses outcome determinative test, but brings us the Erie twin aims test
(1) Forum shopping
(2) Inequitable administration of law
Step Two
What is the basis for SMJ (Federal Question or diversity)
If yes to Scope
If no to scope
If yes to scope, follow federal rule
If no, shoot back up to left side. (never happens)
Swift v. Tyson and the old outlook
If there is a state law, federal courts have too follow it; however, if its just by common law, the federal court can use their own.
big authority for Erie
Erie v. Tompkin
Hanna v. Plumer
Walker v Armco
Shady Grove
If federal question
If diversity
Follow fed approach
Is the conflict potentially governed by a federal practice or a codified rule?
What route did some of the big cases take?
Erie - Left side state approach
Armco went right ride, them over to left side and to state approach
Hanna went down right side to federal approach
What was significant about the taxi cab case?
Introduces us to forum shopping
Whats the difference between substantive laws and procedural?
Substantive- confer the rights of something. Property, tort, contracts
Procedural- doesn't give a cause of action, rules of the game (Depositions, service)
Left side
Would applying the federal approach either (a) Encourage forum shopping or (b) lead to an inequitable administration of law?
If yes to either, apply state
If no to both, apply Fed.
What is the best drink on planet earth
Dirty Bean Juice
Erie v. Tompkins case
Gives us the Erie test.
He was forum shopping because he didn't like pa trespasser laws
Right side
Is there a direct conflict between the federal rule and the state rule?
If no, go to left side
If yes, is the federal rule within the scope of the REA and Constitutional?