Is there a federal law on pt

1. If possibly procedural, do Outcome Determinative Test * would it undermine twin aims of Erie * would it lead to forum shopping * would it lead to  distr.. Of justice *what would be the alternative n fed ct if you ignore state rule No, not on pt b/c enlarges substantive right or b/c recharac-terize issue, Do Erie analysis What Rule would State ct across street apply? Look at Choose of Law Rules What would states highest ct do (can ask for certification) Rules of Decision Act Analysis No or Gray area Is there a federal law on pt Is the state rule clearly substantive? YES YES - Hanna No, not a valid exercise of constitutional authority Apply State Rule If FRCP - does it violate REA * which lmts rules to those concerned w/fed practice, * can’t enlarge or modify a substantive right If Statute - is it constitutional * is it a valid exercise of fed law making authority * 10th Amdmt - is fed gov’t authorized to make laws in this area * necessary & proper clause - is it needed to make the system efficient Yes, will lead to forum shopping No, won't lead 2 forum shopping Do Byrd balancing *is there a federal countervailing interest that justifies ignoring state rule * will it lead to uniform fed procedure * does it raise constitutional concerns in the spirit of Due Process * is it in the spirit of 7th Amdt (jury trial) Apply Federal Law No, no countervailing interest Yes, there’s a countervailing interest Yes Apply Federal Law Apply State Rule Apply Federal Law