ErieFlowChart - encourage forum shopping? Is it an...

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START! Is this a diversity case on a state law claim? No ? Apply federal law (Erie/ RDA). Yes ? Does the state procedure have substantive elements? Yes ? REA - Apply the federal rule if reasonable person would consider it procedural ( Hanna ) BUT … Yes ? Apply state law. No ? Apply federal law. No? Balance the federal countervailing interests & whether application of either would be outcome determinative. Yes ? Is there a Federal Rule that applies? Does federal rule conflict w/state rule? Yes ? Apply state law. Twin Aims of Erie Will application of federal law
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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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This note was uploaded on 04/25/2008 for the course CPL 102 taught by Professor Fullerton during the Fall '07 term at Brooklyn Law School.

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