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Erie Doctrine
Erie Doctrine Wisconsin Bar Exam Topic Index Wisconsin Bar Exam Topic Index Erie Doctrine Complete Wisconsin Bar Exam Topic Index List 2026 Notes Official Sources Wisconsin Bar Exam Topic IndexThis entry is part of the W...
A diversity plaintiff brings a state-law claim for civil fraud. The governing state statute provides that fraud must...
...his question tests whether state burdens of proof apply in diversity. Erie R.R. Co. v. Tompkins, Cities Service Oil Co. v. Dunlap
Citations: Erie R.R. Co. v. Tompkins, Cities Service Oil Co. v. Dunlap
A plaintiff sues in federal court under a federal civil rights statute and adds a related state-law negligence claim...
...ccurate? A supplemental state-law claim remains a state-law claim for Erie purposes, so state substantive law and federal procedure apply. 28 U.S.C. section 1367, Erie Railroad Co. v. Tompkins
Citations: 28 U.S.C. section 1367, Erie Railroad Co. v. Tompkins
A An out-of-state patient sues a surgeon in federal court sitting in the forum state, invoking diversity jurisdiction...
...overy created by state law. Gasperini v. Center for Humanities, Inc., Erie Railroad Co. v. Tompkins
Citations: Gasperini v. Center for Humanities, Inc., Erie Railroad Co. v. Tompkins
A cyclist injured in a warehouse accident sued the warehouse owner in federal court under diversity jurisdiction. The...
...the state limitations and service-tolling rules, Federal Rule 3, and Erie/Hanna principles. This essay tests limitations and tolling as classic Erie issues in diversity litigation. Erie R.R. Co. v. Tompkins, Guaranty Tr...
Citations: Erie R.R. Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp., Hanna v. Plumer
A federal judge hearing a diversity contract case believes the governing state's contract rule is outdated and that a...
...curate? This question tests the no-general-federal-common-law core of Erie. Erie R.R. Co. v. Tompkins
Citations: Erie R.R. Co. v. Tompkins
A lender sued a guarantor in federal court in Wisconsin, invoking diversity jurisdiction and asserting a state-law fr...
...the federal court decide what burden and presumption to use? Discuss Erie, the difference between substantive state law and federal procedure, and any separate trial-management concerns. This essay separates substantive...
Citations: Erie R.R. Co. v. Tompkins, Cities Service Oil Co. v. Dunlap, Hanna v. Plumer
A Minnesota patient sued a Wisconsin medical-device manufacturer in federal court in Wisconsin based solely on divers...
...objection, the pleading objection, and the damages-cap request under Erie and related doctrine? This essay tests the full Erie sequence: direct federal-rule conflict, Rules Enabling Act validity, and s...
Citations: Erie R.R. Co. v. Tompkins, Hanna v. Plumer, Rules Enabling Act, 28 U.S.C. section 2072
A Nebraska plaintiff sues an Iowa defendant in federal court in Wisconsin for a state-law tort claim, invoking only d...
...rns.Which statement best describes the starting point for the court's Erie analysis? This question tests the basic Erie rule. Erie R.R. Co. v. Tompkins
Citations: Erie R.R. Co. v. Tompkins
A photographer sued a publisher in federal court under diversity jurisdiction for a state-law invasion-of-privacy cla...
...urt analyze the judge-jury allocation and damages-review issues under Erie and related doctrine? This essay tests the Byrd/Gasperini strand of Erie: state substantive standards with federal judge-jury procedure. Byrd v...
Citations: Byrd v. Blue Ridge Rural Electric Cooperative, Gasperini v. Center for Humanities, Erie R.R. Co. v. Tompkins
An out-of-state buyer sued a forum-state manufacturer in the United States District Court for the District of Frankli...
An out-of-state buyer sued a forum-state manufacturer in the United States District Court for the District of Franklin, invoking diversity jurisdiction and alleging breach of warranty. The product was designed in the...
Citations: Klaxon Co. v. Stentor Electric Manufacturing Co., Erie Railroad Co. v. Tompkins
An out-of-state citizen sued a forum-state estate in the United States District Court for the District of Franklin, i...
...the state service rule? Discuss. This essay tests the Hanna branch of Erie when a Federal Rule directly addresses service of process. Erie Railroad Co. v. Tompkins, Hanna v. Plumer, 28 U.S.C. section 2072, Fed. R. Civ. P
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, 28 U.S.C. section 2072, Fed. R. Civ. P. 4
In a diversity case, the parties agree that state substantive law applies. the forum state's highest court has not de...
...should the federal court do? The federal diversity court must make an Erie prediction of state supreme court law rather than create a federal rule. Erie Railroad Co. v. Tompkins
Citations: Erie Railroad Co. v. Tompkins
In a federal diversity case asserting a state trade secrets claim, the defendant moves for summary judgment. state su...
...material and who bears which substantive burden. Fed. R. Civ. P. 56, Erie Railroad Co. v. Tompkins
Citations: Fed. R. Civ. P. 56, Erie Railroad Co. v. Tompkins
In a federal diversity fraud case governed by state law, state law requires clear and convincing evidence of a partic...
...n element or defense usually applies in diversity as substantive law. Erie Railroad Co. v. Tompkins, Hanna v. Plumer
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer
No Federal Rule or federal statute directly governs a disputed practice in a diversity case. The state rule would lik...
...l practice.Which consideration is most central under the twin aims of Erie? This question tests the policy inquiry used when no direct Federal Rule controls. Hanna v. Plumer, Erie R.R. Co. v. Tompkins
Citations: Hanna v. Plumer, Erie R.R. Co. v. Tompkins
A diversity plaintiff filed a complaint one day before the state limitations period expired but served the defendant...
...tion tests the state-law statute of limitations and tolling branch of Erie. Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
Citations: Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
A patient files a medical-negligence action in federal court based on diversity jurisdiction. The patient serves the...
...lied, would make the action untimely. Which statement best states the Erie analysis? A directly controlling and valid Federal Rule governs even in a diversity case. Hanna v. Plumer, 28 U.S.C. section 2072
Citations: Hanna v. Plumer, 28 U.S.C. section 2072
A An out-of-state consumer sues a ladder manufacturer in federal court sitting in the forum state, invoking diversity...
...The federal diversity court applies state limitations law as part of Erie substantive law. Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
Citations: Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
A consumer filed a diversity action in federal court sitting in the forum state against an insurer, alleging that the...
...ass under Federal Rule of Civil Procedure 23. The insurer argues that Erie requires the federal court to enforce the state class-action bar. The consumer responds that Rule 23 directly governs class certification and is...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23, 28 U.S.C. section 2072