United States District Court, N.D. Illinois
May 20, 2004.
FACTORY MUTUAL INSURANCE COMPANY, as Subrogee of Wm. Wrigley Jr. Company, Plaintiff,
BOBST GROUP, INC., Defendant; and BOBST GROUP, INC., Third party plaintiff, vs. FACTORY MUTUAL ENGINEERING ASSOCIATION, etc., et al., Third party defendants
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
On March 15, 2004, we granted plaintiffs motion for summary judgment
on defendant's counterclaim, essentially a claim for contribution.
Defendant now seeks entry of a final judgment, permitting an immediate
appeal. That motion is granted.
While the substance of what went wrong with the press and why
substantially overlap in the claims and counterclaim, that subject was
never reached. Rather, the outcome turned on whether or not plaintiff had
a duty, a distinct issue. If that issue is appealed and the Court of
Appeals reverses, the potential liability of plaintiff can be determined
in one trial, not in a possible second trial. Much discovery, including
experts, remains to be done. And if it affirms, the matter will be concluded without ever reaching issues
that might be raised in an appeal following trial of the remaining
We direct entry of a final judgment as to defendant's counterclaim
pursuant to Federal Rule of Civil Procedure 59(b), there being no just
reason for delay.
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