Erie...

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Erie...

Postby RR320 » Sat Dec 10, 2011 9:44 pm

I am currently reading the E&E, but not following so much. We did Erie really quickly in class and did not follow then as well.

Can someone please explain it in a way to learn it quickly/easily? Thanks...

truevines
Posts: 198
Joined: Fri Jun 20, 2008 6:16 pm

Re: Erie...

Postby truevines » Sat Dec 10, 2011 9:54 pm

RR320 wrote:I am currently reading the E&E, but not following so much. We did Erie really quickly in class and did not follow then as well.

Can someone please explain it in a way to learn it quickly/easily? Thanks...


Is it a trend that most Civ. Pro. professors don't cover _Erie_ and its progeny now?

My Civ. Pro. professor quickly went over _Erie_ and _Hana_ and told us that they would not be tested.

RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Re: Erie...

Postby RR320 » Sat Dec 10, 2011 10:06 pm

oh, we are being tested on it and i have no clue. the only thing I get is Erie, if its substantive state law goes.

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bk1
Posts: 18402
Joined: Sun Mar 14, 2010 7:06 pm

Re: Erie...

Postby bk1 » Sat Dec 10, 2011 10:08 pm

Erie deals with cases where you have a conflict of law between state and fed law. State law controls substantive issues and fed law controls procedural issues. However it becomes murky when you actually look at given laws (e.g. is a statute of limitations substantive or procedural?)

Pre-Erie - in diversity cases apply state statutory law but fed common law (not state common law)
Erie - in diversity cases apply state common law too, thus state law controls substantive issues and fed law controls procedural issues
Hanna - how to decide which rule to apply? look to source of fed law:
[*]if fed law is from statute/FRCP/constitution, then it is presumptively valid and controls (you don't even have to do an Erie analysis since there is no conflict since these fed laws preempt state law).
[*]if fed law is from fed common law or fed judge made law, then it is not presumptively valid and you have to do Byrd/Hanna/York/Erie tests to determine whether the fed law or state law should be applied.
Shady Grove - if there seems to be no conflict at first, is it possible to broaden the statute/FRCP/constitution to create conflict and thus apply fed law over state law?
Gasperini - if there is a conflict, is it possible to narrow the statute/FRCP/constitution to avoid conflict and thus apply state law over fed law?

ERIE TESTS
Pure Erie Test - reducing forum shopping, prevent inequitable administration of laws
Byrd Test - balancing state interest in substantive rights with federal interest in procedural uniformity
Hanna+York Test - outcome determinative test, look to see whether applying fed rule from the point of view of the start of the lawsuit would create a different outcome from applying the state law

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Gecko of Doom
Posts: 415
Joined: Sun Jan 30, 2011 8:32 pm

Re: Erie...

Postby Gecko of Doom » Sat Dec 10, 2011 10:11 pm

truevines wrote:
RR320 wrote:I am currently reading the E&E, but not following so much. We did Erie really quickly in class and did not follow then as well.

Can someone please explain it in a way to learn it quickly/easily? Thanks...


Is it a trend that most Civ. Pro. professors don't cover _Erie_ and its progeny now?

My Civ. Pro. professor quickly went over _Erie_ and _Hana_ and told us that they would not be tested.

So jealous of you right now.

TheFactor
Posts: 789
Joined: Wed Feb 23, 2011 3:12 pm

Re: Erie...

Postby TheFactor » Sun Dec 11, 2011 12:30 am

When in doubt, go with the state.




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