Erie Doctrine Flowchart
The discouragement of forum shopping and 2. avoidance of inequitable administration of the laws
Is state law substantive / black letter law? Fed Rule on Point? Possibly/No Do BOTH
NO (look at twin aims of Erie before deciding) (Grey Area)
Byrd Test YES Hanna Dicta
Is state rule bound up with (implementing of) state created rights& obligations? Does
Analyze
it regulate
in lightprimary
of twin aims
behavior?
of Erie.
YES Hanna Holding 1. Forum Shopping?
Apply Fed Rule if it’s valid. 2. Inequitable admin. of the laws?
State law applies (f/ Erie & RDA)
Valid if reasonable person would consider it procedural
Y N Y N
State law Rule of form & mode. State law Fed law
BALANCE
Fed. Countervailing Interests (forOutcome
fed law) determinative test (for state law)
(always have uniformity, but weakIf on
outcome
its own.would
Byrdbe
was
different
judge/jury
depending
relationship
on which
which
law
outweighed
applies (i.e.outcome
statute of
determinacy)
limitations is very determinative if its run