Erie Template

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

ERIE DOCTRINE: applies only in federal courts and only where there is a conflict

between state and federal law; generally arises in diversity jurisdiction cases
 Swift’s interpretation of the Rules of Decision Act (1652) (court applies
federal statutes, if no federal statutes apply, apply state statutes; if no state
statutes exists, apply federal common law) was overturned by Erie. The court
in Erie recognized that there was no such thing as federal common law, Swift
was unconstitutional, and that state substantive law and federal procedural
law must be applied in federal courts (RDA, REA) if federal statutes on point
do not exist. Logic behind this interpretation was based on the twin aims of
Erie: to discourage forum shopping and ensure equitable administration of
the law to provide uniformity in federal courts.
1) Is there a federal statute or constitutional provision on point? A federal
constitutional provision or a valid federal statute displaces state law (RDA
1652)
2) If there is a FRCP on point, it governs as long as it is arguably procedural
(Hanna, REA 2072)
3) Is the state law substantive? Ex. contracts, tort liability, ownership of
property
o Erie: states’ substantive law must be applied by federal courts, federal
courts may apply federal procedural law (REA, RDA)
o If it has substantive and procedural characteristics, ask whether the
difference between state/federal law is outcome determinative as
measured by the twin aims of Erie (Guaranty Trust)
o Policy: goal is uniformity, result in the federal and state courts should
be the same
o If the outcome is the same, apply federal law
4) If the outcome is different (outcome determinative), the state law is
sufficiently substantive, and whether there are any compelling federal
interests that outweigh Erie’s interest in uniformity should be addressed
(Byrd)
 Compelling federal interests: essential characteristics integral to how
federal courts operate
 Gives a chance to consider the federal forum’s interest in running
things a certain way; federal courts have an interest in protecting the
essential characteristics of their system from interference from state
law
 Balance Erie’s interest in uniformity and see if it’s outweighed by a
strong countervailing federal interest – if so, apply federal law, if not,
state law
Federal court applies choice of law of the state in which it sits (Klaxon)

You might also like