Under the FRCP, an entity (such as a trust) might be the real party in interest, but lack legal capacity to sue.
Under the state's law, the trust has no capacity to sue, since it is viewed as a fiduciary relationship rather than a distinct entity. Additionally, the trust's organic docments vest legal capacity in the trustee.
Upon determination that the party lacks legal capacity, it is possible to remand with that finding on the expectation that the complaint will be amended.
A claim for both past and prospective costs incurred is prudentially ripe if the past costs are enough to sustain the claim, even though a ruling might bind the parties as to future costs incurred.
Contribution claim under a different section of the law was dismissed pendant to the dismissal of the earlier claim, and therefore unreasoned in light of the plaintiff prevailing on appeal; the case is remanded with both the contribution and recovery claims, and the District Court has the discretion to exercise supplemental jurisdiction over any re-filed state law claims.