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Erie, Is the state policy or rule basically PROCEDURAL or SUBATANTIVE? substative Follow the state policy or rule, instructed by Erie, Is the case a DIVERSITY case: 1652 (rules of decision) yes Is there FEDERAL STATUTE on point?, Is there a FRCP on point? 2072 no Therefore no FRCP - Does the Decisional Rule Federal Polciy CONFLICT w/ state rule or policy?, Is there a FRCP on point? 2072 yes Can both the FRCP & STATE POLICY be FOLLOWED SIMULTANEOUSLY?, Can both the FRCP & STATE POLICY be FOLLOWED SIMULTANEOUSLY? yes Follow both FRCP & STATE POLICY (Walker), Byrd Balacing: 1) state rule - state interest substantive re state's rights 2) fed rule - federal interest federal policy 3) outcome determinative (york) Erie: forum shopping and equitable administration of the law federal policy is weightier Follow federal policy. eg byrd v. ridge, Follow both FRCP & STATE POLICY (Walker) hybrid GASPERINI, Can both the FRCP & STATE POLICY be FOLLOWED SIMULTANEOUSLY? no Ignore Erie; ask only whether the FRCP is valid under the Rules Enabling Act (Hannah), Therefore no FRCP - Does the Decisional Rule Federal Polciy CONFLICT w/ state rule or policy? yes Is the state policy or rule basically PROCEDURAL or SUBATANTIVE?, Is there FEDERAL STATUTE on point? no Is there a FRCP on point? 2072