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Lynn Adelman

11-CV-1157 Davis v. Eckstein

15-CV-1157 Davis v. Eckstein et al

Decision and Order

Applying Wisconsin’s choice-of-law rules, the district court concluded that no conflict of law exists when the forum state’s law on a matter is settled and the other state’s law is uncertain. In that circumstance, the court applies forum law.

11-CV-560 US v. Sikorsky Aircraft Corporation

11-CV-560 US v. Sikorsky Aircraft Corporation

Decision and Order

The court struck affirmative defenses that were not pleaded with the level of detail required by Heller Financial, Inc. v. Midwhey Powder Co., Inc., 883 F.2d 1286 (7th Cir. 1989). However, the court gave reasons for applying a relaxed pleading standard to affirmative defenses and concluded that the “plausibility” standard that applies to claims for relief does not apply to affirmative defenses.

07-CV-303 Burton v. American Cyanamid Co

07-CV-303 Burton v. American Cyanamid Co

Docket #1070 The court held, inter alia, that (1) white lead carbonate (WLC) manufacturers did not owe plaintiff a duty to warn , such that plaintiff's duty-to-warn claims could sound only in strict liability and not in negligence; (2) the bulk supplier doctrine applies such that manufacturers of WLC who sold their product to third-party manufacturers for integration into paint did not owe end consumers a duty to warn.

07-CV-303 Burton v. American Cyanamid Co

07-CV-303 , Burton v. American Cyanamid Co

Docket #1060 The court held that defendant manufacturers of white lead carbonate in a case proceeding under Wisconsin's risk-contribution theory of liability are entitled to present an exculpatory defense asserting that chemical analysis of paint chips found in plaintiff's home indicates that WLC manufactured by the defendant is not present.

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