ERIE DOCTRINE FLOW CHART

1. Apply to each individual individual claim (not to an entire lawsuit) 2. At essay intro, provide basic overview of Erie Doctrine (see Dodsons essay) Claim = non-FQ? Y State Substantive Law? Y Apply State Law N Apply Federal Law

N Federal Rule On Point?

Compare/Contrast Hanna & Armco

Hanna Part 2 Analysis:

Apply federal rule, if rule really regulates procedure; is constitutional under REA 2702 (should not abridge, enlarge or modify any substantive right). If rule meets these criteria, then Supremacy Clause mandates application of federal rule.*

N Hanna Part 1 Analysis: Twin

Aims of Erie/Revised Outcome Determinative Test- York

1. Prevent Forum Shopping

Basic Question: Would P have forum-shopped at the outset, to avoid a contrary outcome in a different court?*

2. Prevent Inequitable Administration of Law

Basic Question: If federal judge ignored state law, would it cause parties to flock to federal court?

Apply Federal Law

Byrd Balancing Test / Filter

Basic Question: Would applying state law deny a fundamental and essential right?*

Y Apply Federal Law

N Apply State Law