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Lynn Adelman

15-CV-1157 Eaton Corporation v. Westport Insurance Corporation et al

15-CV-1157 Eaton Corporation v. Westport Insurance Corporation et al

Real Party in Interest Motion

The court addressed the meaning of “real party in interest,” as that phrase is used in Federal Rule of Civil Procedure 17(a). The court concluded that Rule 17(a) generally does not apply to defendants. The court also concluded that to the extent Rule 17(a) applies to defendants, it does not require the defendant’s indemnitor to be substituted for the defendant as the real party in 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.

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.

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