· 7/7/1998
John v. Wolfe, Trustee, Appellant/cross-Appellee, and Liberty Mutual Insurance v. Gilmour Manufacturing Company, Appellee/cross-Appellant
Citations
- 143 F.3d 1122
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Fed. R. Civ. P. 17(a) permits substitution of the filing Plaintiff for the real party in interest
- discussing the debtor-plaintiff’s lack of standing when she had a pending bankruptcy proceeding in deciding to substitute the bankruptcy trustee as the party in interest
- stating the defect can be remedied after the fact because “Article III standing existed when the plaintiff commenced her lawsuit, she simply was not the real party in interest who was entitled to prosecute the claim.”
- “In a diversity case, a court will not address a plaintiff’s claims unless the plaintiff meets the ‘case or controversy’ requirements of article III of the Constitution and also has standing to sue under the relevant state law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Arnold, Gibson, Nangle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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