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· 3/9/1998

Brunswick Leasing Corporation, a Pennsylvania Corporation v. Wisconsin Central, Limited, an Illinois Corporation, Cross-Appellee

Citations

  • 136 F.3d 521

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “the purpose of Rule 8(c) ‘is to avoid surprise and undue prejudice to the plaintiff ”
  • if neither party argues that the forum state’s choice of law rules require the application of another state’s substantive law, then the substantive law of the forum state governs
  • generally, an undisclosed principal may “step into the shoes” of his agent and assume all rights and obligations of a contract that the agent entered on the undisclosed principal’s behalf
  • the purposes of Rule 8(c) include avoiding surprise and undue prejudice to the plaintiff
  • “As a general matter, an affirmative defense that is not timely pleaded is waived.”
  • “As a general matter, an affirmative defense that is not timely pleaded is waived.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wood, Manion, Rovner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.