Wilcox v. Geneva Rock Corp.

How courts have described this case

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

• interpreting Rule 15(a) “consistently with the liberal pleading practices mandated by rule 8 of the Federal Rules of Civil Procedure”
• permitting an amendment to a complaint that incorrectly named “Geneva Rock Co.,” rather than “Geneva Rock Products, Inc.,” where the summons correctly listed the company name and the vice president was properly served
• “ ‘If the body of the complaint correctly identifies the party ... courts generally will allow an amendment under Rule 15 to correct technical defects in the caption.’ ”
• “When the statute of limitations has expired before an amendment to a pleading is made, the amendment must relate back to the date of the original complaint if the amendment is to be effective.”
• “ ‘[A]n amendment which substitutes or adds new parties ... relat[es] back, as to both plaintiff and defendant, when new and old parties have an identity of interest; so it can be assumed or proved the relation back is not prejudicial.”'

Source: CourtListener parenthetical corpus (CC0).