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erie #10



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?

Under Erie, fed courts are free to apply their own rules of procedure
but any issue of substantive law (except federal question matters) must
be determined according to the laws of the state in which the federal
court sits.  The 1934 rules enabling act authorized the adoption of
procedural rules for federal courts.  This act is said to amend the
Judiciary Act, therby establishing the supremacy of the Federal Rules
over state law wherever the two conflict.  Fed R. Civ. P. 23 is
procedural and therefore the court may apply the rule rather than state
law.