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Real party in interest defense waived

If a defendant does not timely object that the plaintiff is not the real party in interest, the defense can be waived.

A Sept. 22 opinion from the Seventh Circuit found the defense waived, when the defendant did not raise it until mid-trial, seven years after the case had originally been filed.

An issue of first impression in the Seventh Circuit, the court found authority from other circuits that the defense must be raised when it is still practical and convenient to name the proper parties.

Case: RK Company v. See, No. 07-3984

For a full analysis of the case, see the Sept. 27 issue of Wisconsin Law Journal.

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