Is there a FRCP of civil procedure on point that directly clashes with the state law?

YES REA: 2072(a) Congressional delegation that gave the authority to promulgate the FRCP Therefore as long as there was a FRCP rule on point it will win and trump state law as long as the rule is: NO RDA 1652: Rule of law that says if there is no Federal Rule on point you apply the state law. We determine whether or not to apply the state law through Erie Analysis: York: First to apply "Determinative" Hannah: Applies the test Gasperinni: became "affective"

Sibbach case applied the 2072(a)

1. Is the rule valid under 2072(a): IF YES, apply fed rule. We basically need to say if it is arguably procedural.(not much of a test here, as long as it is arguably procedural and SC has never found an FRCP unconstitutional) If No, Apply state law.

Outcome "Affective" test: To determine if the outcome of the state should be the same as the outcome of the federal court. Analyze in light of the Twin Aims. Twin Aims Test: 1. Avoid Forum Shopping

Hannah Dictum: It said to look at the point of litigation when parties are trying to decide which case to be in. Ex Ante

2. Is the rule Constitutional? YES. As long as the rule not not conict with other rights granted by the constitution is it ok. Apply Federal Law. If No, Apply state law.

If the Federal court ignored state law on this issue would it cause litigants to shop for federal court? If No, apply state law. If Yes then apply state law unless there is a countervailing federal policy that overrides. Go to countervailing. 2. Inequitable Administration of the Laws? Would application of Fed legal rule result in equitable administration? We dont want this because it would be unfair to the instate citizens because they can no go to federal court because they can not invoke Diversity Jurisdiction. If No, apply state law. If Yes then apply state law unless there is a countervailing federal policy that overrides. Go to countervailing,

In the plurality opinion of shady grove Scalia implied that Sibbach Test includes 2072(b) not just 2072(a).

3. Is the rule valid under 2072(b): IF YES, apply Fed Law. If the rule does not modify or enlarge or change substantive rights. If No, Apply state law.

Countervailing Federal Policy? Is there important federal policy interests that are further by the federal rule that are more important thant the state interest? If YES, apply state law. Court functions are the only one strong enough to knock out the state law

Bryd Balancing Approach Bryd: Allocating the fact nding between the fact nding was the only one held sufcient enough.