091964P.pdf   08/10/2010  Melinda Torres  v.  Bayer Corporation
   U.S. Court of Appeals Case No:  09-1964
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Riley, Author, with Bright and Wollman, Circuit Judges]
   Civil case - products liability. The district court erred in denying the
   decedent's daughters' motion for substitution; on remand, the district
   court should hold an evidentiary hearing to determine whether the
   daughters are proper parties for substitution; in doing so, the court should
   first look to the relevant state law to answer whether the substantive
   question of whether the daughters qualify as successor and beneficiaries;
   having resolved the issue of who may be a proper party under state law
   and Fed. R. Civ. P. 25(a)(1), it is for the district court to determine,
   without reference to state law, whether the daughters have met the
   procedural requirements of Fed. R. Civ. P. 25(a)(1).