8th Circuit Remands Substitution Issue in Baycol Case

MINNEAPOLIS - A federal court erred in denying a motion for substitution filed by the daughters of a deceased Baycol plaintiff and, upon remand, should hold an evidentiary hearing to determine whether they are proper parties for substitution, the 8th Circuit U.S. Court of Appeals has ruled. Torres v. Bayer Corp., No. 09-1964 (8th Cir.).

On Aug. 10, the appellate court instructed the U.S. District Court for the District of Minnesota to first look to the relevant state law to determine whether the daughters qualify as successors and beneficiaries and to then determine, without reference to state law, whether the …