· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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