Erie No Federal General Common Law For State Law Diversity Claims
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
17913_summit_klaxon · CIVIL_PROCEDURE · Choice AUse federal common law because speaker agreements are interstate.
Why it's attractive
The doctrine named (federal common law) is not the rule of decision for a state-law contract claim in diversity. Erie controls.
Why it's wrong
The doctrine named (federal common law) is not the rule of decision for a state-law contract claim in diversity. Erie controls.
17913_summit_klaxon · CIVIL_PROCEDURE · Choice BEnforce State C law automatically because the contract names it.
Why it's attractive
The contract clause is not self-executing. Klaxon sends the court to the forum's choice rules first.
Why it's wrong
The contract clause is not self-executing. Klaxon sends the court to the forum's choice rules first.
17913_summit_klaxon · CIVIL_PROCEDURE · Choice DUse the plaintiff's preferred law because the plaintiff chose the forum.
Why it's attractive
Plaintiff's choice of forum does not dictate the choice of substantive law. The rule of decision is the forum's choice rules under Klaxon.
Why it's wrong
Plaintiff's choice of forum does not dictate the choice of substantive law. The rule of decision is the forum's choice rules under Klaxon.
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