Jurisdiction, Venue, and Forum
Threshold Doctrines
Erie held there is no general federal common law, requiring application of state substantive law in diversity cases. The substance and procedure line is drawn through outcome-determinative and Hanna analysis.
State choice of law rules apply under Klaxon.
Alternative Names:
Erie|Erie Railroad Doctrine
Why it Matters?
The substance and procedure characterization determines outcomes on issues including statutes of limitation, burden of proof allocation, and expert admissibility in some formulations, which makes the analysis consequential rather than academic. Klaxon requires applying the forum state's choice of law rules, so a federal court in one state may apply another state's substantive law entirely. Transfer under Section 1404 carries those rules with the case.
Frequently Confused with
Related terms
Frequently asked questions
What determines whether state law applies?
Which state's law applies?
