Some thoughts on the state of Erie after Gasperini

Since Hanna v. Plumer (1965), it has been known that what is usually referred to as the "Erie Doctrine" actually consists of 2 distinct parts. First, if the Constitution or Congress directs the federal courts to apply federal law, federal law governs (the Hanna prong). Second, if there is no federal constitutional or legislative directive on point, the vertical choice of law decision is made under the Rules of Decision Act (RDA prong). While this bifurcation is clear, much of the rest of the Erie Doctrine is not. In particular, 3 issues have vexed lower courts in the generation since Hanna: 1. How does one decide whether a case falls under the Hanna prong? 2. What are the relevant inquires in an RDA analysis? 3. How does one apply Bryd v. Blue Ridge Rural Electric Cooperative Inc. (1958)? Observers had hoped that the Supreme Court would provide clarification and guidance on all 3 points in the 1996 case of Gasperini v. Center of Humanities Inc. The Gasperini case is analyzed.