Here’s a rough draft of a handout showing the basic steps in the analysis for: Hanna I a/k/a Policy Erie, Unguided Erie, and non-Constitutional RDA Hanna II a/k/a/ REA analysis Download the handout Posted March 26, 2015
Walker worksheet Does FRCP conflict with state law? Law used: Policy Erie/RDA/Hanna I or REA/Hanna II? Holding (use federal law or state law?) Shady Grove worksheet Justice Votes Does FRCP 23 conflict with NY Section 901(b)? Law used: Policy Erie/RDA/Hanna I or REA/Hanna II? Holding (use federal law or state law?) Scalia […]
Why was Erie concerned about unfairness created by out-of-state plaintiffs who invoke diversity of citizenship? Note that under Swift, a litigant could seek federal court in the hopes that “federal general common law” would be more favorable than existing state common law. Also, an out-of-state plaintiff has tremendous power in making sure that an in-state defendant is stuck in federal court. See […]
Where do federal courts sitting in diversity look for the law of substance and procedure? Although analysis under the RDA (Hanna I) and REA (Hanna II) are more difficult than this chart indicates, the top and bottom rows give a rough sense of how significantly things have changed in 1938. SUBSTANCE PROCEDURE Before Erie and FRCP Federal courts created federal general […]
