Unformatted text preview: encourage forum shopping? Is it an inequitable administration of law? Is federal rule must be w/in scope of REA (regulating judicial process & not abridging, enlarging or modifying any substantive rights)? No ? Apply state law (Erie/RDA). Application of federal rule must be constitutional. No ? Possibly? Apply Byrd Balancing Test AND apply twin aims of Erie. Byrd Balancing Test Does the state rule regulate behavior? Is it bound up with state created rights and obligations? No ? Apply federal law. S Yes ? Apply federal law....
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- Fall '07
- Common Law, federal law, Law of the United States, Federal Rule, Byrd Balancing Test