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Notice of Changes Proposed by the Eastern District Local Rules Committee

Comments Due August 1, 2019

       

         The Local Rules Committee has reviewed the recent amendments to the Federal Rules of Civil Procedure and, as a result, is recommending certain modifications to the local rules. In addition, there are other recommendations that are not related to the recent amendments. Any comments should be submitted to Stephen Dries, Clerk of Court, via email at stephen_dries@wied.uscourts.gov by August 1, 2019.              

Cases of Interest

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.

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