[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

(no subject)

Q: Under the holding of Erie, why is it constitutional for federal courts hearing diversity cases to apply Fed.R.Civ.P. 23 regarding mandatory disclosure of certain facts, rather than state law?

A:  According to Erie, federal courts had to apply state law to substantive matters, but not to procedural matters.  Perhaps FRCP is merely procedural or maybe a thin line exists between what is procedural versus what is substantive.

T. Tiu