This preview shows page 1. Sign up to view the full content.
Unformatted text preview: the federal court should be substantially the same as it would be if tried in a state court. Outcome-determinative test while a statute of limitations was usually considered a rule of procedure in other contexts, the court held that it should be treated as a substantive rule for Erie . Any rule that could affect the outcome should be considered substantive under Erie . Procedural Exception Erie applies only to matters of substance, not procedure . A federal court is free to ignore state procedural rules . However, if the procedural rules would affect the outcome, they are considered substantive rules. Hoffheimer Notes : If the rule is merely a manner and means of enforcing a state right, it is considered procedural by the federal courts and they dont have to apply it. *Does applying or not applying state law significantly affect the result of litigation. $100 filing fee in state; $200 in federal - procedural...
View Full Document
- Fall '08