Kuehn Ex Rel. Kuehn v. Shelcore, Inc.

ORDER

DEVITT, District Judge.

Plaintiff, as trustee, brought this wrongful death action for compensatory and punitive damages resulting from his son’s death. Defendants move to strike plaintiff’s claim for punitive damages. At issue is whether the court, in this diversity ac tion, must apply Minnesota Statute § 549.191 prohibiting pleading punitive damages without leave of court. 1

The question of whether to apply state law in a diversity action arises in one of two contexts, each with its own line of analysis. Where the state provision directly collides with the plain meaning of a Federal Rule…