This flashcard is just one of a free flashcard set. See all flashcards!
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
Source:
Source:
Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010