Advanced Power Systems, Inc. v. Hi-Tech Systems, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “The mistake condition ... is concerned fundamentally with the new party’s awareness that failure to join it was error rather than a deliberate strategy.”
• amended counterclaim against individual employees, rather than corporation, related back where plaintiff had failed to include individual employees in previous complaints due to a legal mistake
• failure to join new party at earlier time was more “immediately recognizable as error” when new and existing parties are closely connected
• “[T]he averment of a rigged bidding process sufficiently establishes a reasonable likelihood or probability that an anticipated business arrangement would have been consummated absent APS’s interference.”
• notice may be imputed to parties after the expiration of the appropriate period when the original and added party are so closely connected that it is fair to presume that the added parties learned of the action shortly after it was commenced

Source: CourtListener parenthetical corpus (CC0).