· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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