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22. Which law applies to determine whether the action may proceed as a class action?
A consumer brought a federal diversity action in State A against a manufacturer, asserting products liability claims under State A law. The consumer sought to bring the action on behalf of a nationwide class. State A law prohibits such class actions.
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B is incorrect. The court will apply a valid and on point federal rule. A showing of a «substantial federal interest» is not required.
C is incorrect. The outcome-determinative test applies only when state law conflicts with a judge-made federal practice. A valid and on point federal rule will apply over a state rule in a federal action even if the differences in the two rules would satisfy the outcome-determinative test.
D is incorrect. Under the Erie doctrine, the court must apply federal procedural laws and state substantive laws. Thus, the procedural rules of the state whose substantive law is being applied are displaced.