· 3/3/2010
Asher v. Unarco Material Handling, Inc.
Citations
- 596 F.3d 313
- 2010 U.S. App. LEXIS 4403
- 2010 WL 711850
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the type of changes permitted under Rule 15(c)(1)(C) are \limited to corrections of misnomers or misdescriptions\ (citations omitted)
- explaining that changes to claims or defenses are analyzed under Rule 15(c)(1)(B), but changes to the parties are analyzed under Rule 15(c)(1)(C)
- finding that Rule 15(c)(1)(B) “allows relation back of an amendment asserting a ‘claim or defense,’ but it does not authorize the relation back of an amendment adding a new party”
- finding that an amendment that adds a new, untimely plaintiff did not relate back
- noting that relation back permits “corrections of misnomers or misdescriptions” of plaintiffs
- extending prior precedent rejecting attempts to add defendants after expiration of statute of limitations to attempts to add plaintiffs after statute of limitations expired
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Cole, Griffin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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