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Erie (Threshold Question: Would not using the conflicting state law…

- - - - If a valid and applicable federal statute is involved in aspects of a diversity case, apply it.
    - - If there is a direct and irreconcilable conflict, apply the FRCP unless it:
        
        (1) goes beyond "prescribing general rules of practice and procedure,"
        
        (2) "abridges, enlarges, or modifies a substantive right."
    - - If the Constitution speaks, apply it.
    - - Is state policy "bound up" in competing state rule/law, and would it lead to inequitable administering of state law? (Byrd)
        
        If no to either, apply the federal rule.
        
        If yes, apply the two-part test:
        
        Is there a strong countervailing federal interest that outweighs the state interest? (Byrd)
        
        If yes, apply the federal rule.
        
        If no, continue
        
        Is there a way to accommodate or reconcile both the state and federal law? (Semtek)
        
        If no, apply state law
        
        If yes, accommodate the federal rule as reasonably able.