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· 6/27/2003

Brooks v. Isinghood

Citations

  • 584 S.E.2d 531
  • 213 W. Va. 675
  • 2003 W. Va. LEXIS 86

How courts have described this case

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

  • observing importance of “insur[ing] that cases and controversies be determined upon their merits and not upon legal technicalities or procedural niceties” (internal quotations, citation, and footnote omitted)
  • observing importance of \insur[ing] that cases and controversies be determined upon their merits and not upon legal technicalities or procedural niceties\ (internal quotations, citation, and footnote omitted)
  • listing considerations under Rule 15(c)(3) governing when an amendment changing a defendant or naming a new defendant will relate back to the date of the original complaint
  • noting [Rule 15] of [the West Virginia Rules of] [C]ivil [P]rocedure allowing amendments to pleadings, by its own terms, is to be construed liberally in order to promote the consideration of claims on their merits
  • identity of interest usually present between parent and subsidiary, related corporations, and co-executors of estate
  • “Amendments to change a party under Rule 15 include amendments to add, drop, or substitute defendants!.]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Starcher

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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.