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FACTORY MUTUAL INSURANCE COMPANY v. BOBST GROUP INC.

United States District Court, N.D. Illinois


May 20, 2004.

FACTORY MUTUAL INSURANCE COMPANY, as Subrogee of Wm. Wrigley Jr. Company, Plaintiff,
v.
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 claims.

  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.

20040520

© 1992-2004 VersusLaw Inc.



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