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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.