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Civil Procedure

Erie II

Erie II

Continue learning about the Erie doctrine, which is used to determine the procedural law that should be applied in a federal diversity case.


Welcome to Erie Part II: Procedural Law!

In the last clip, we discussed the impact of the Erie decision on the issue of what substantive law applies in a given federal civil case. In this clip, we’ll discuss how Erie’s progeny have affected the issue of what procedural law applies in a given federal civil case.

We’ll begin by revisiting the Erie decision, and examining in more depth the reasons why the Supreme Court ruled the way it did in that case. Next, we’ll examine some key post-Erie ...