Zu dieser Karteikarte gibt es einen kompletten Satz an Karteikarten. Kostenlos!
30
Goodman v. Praxair
Goodman wasn't paid, sued Praxair. Should have sued Praxair, Inc. Wanted to amend and his amendment to relate back.
H - tests to allow relating back of party name:
1 - if claim is same, and just party name changes
2 - new party had received notice of claim and so would not be prejudiced
3 - new party should have known it was a case of mistaken ID
Notes:
Didn't want to disturb Maryland's statute of limitations, wants to protect D repose and stale evidence prob. But not the case here, b/c co. knew mistake.
H - tests to allow relating back of party name:
1 - if claim is same, and just party name changes
2 - new party had received notice of claim and so would not be prejudiced
3 - new party should have known it was a case of mistaken ID
Notes:
Didn't want to disturb Maryland's statute of limitations, wants to protect D repose and stale evidence prob. But not the case here, b/c co. knew mistake.
Tags: Amend
Quelle:
Quelle:
Karteninfo:
Autor: stgillian
Oberthema: Law
Thema: Civil Law
Schule / Uni: Tulane
Ort: New Orleans, LA
Veröffentlicht: 02.03.2010