Question: 4. Commentators associate Byrd with a balancing test for determining when state law should displace federal law in a diversity action. Does the balancing test
4. Commentators associate Byrd with a balancing test for determining when state law should displace federal law in a diversity action. Does the balancing test replace the outcomedeterminative test of York? If a state rule is “bound up with the definition of the rights and obligations of the parties,” does a federal court still engage in balancing?
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