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or procedural law, then would apply federal law If no clear answer, then the analysis proceeds to determine whether either of the twin aims of Erie is undermined: the discouragement of forum-shopping and avoidance of inequitable administration of the laws.
Step 1:
Step 3: Hybrid
Substantive + Procedural:
Use York Outcome determining test Federal courts need to apply state law in matters of form and modes of procedure when the outcome can be significantly different, we refer to state law
+
Byrd Balancing Test : The significance of competing federal and state policies must be compared and state laws cannot alter the essential character or function of a federal court. Gasperini: Breathes new life into the York outcome determining test and the Byrd Balancing Test