David v. Crompton TWO
Crompton wanted to amend answer re:shredder. Amendments allowed if justice requires - but would it be prejudicial to P?
H - not permitted to amend, b/c statute of limitations had run and would prevent P from suing the right party
H - not permitted to amend, b/c statute of limitations had run and would prevent P from suing the right party
Tags: Amend
Source:
Source:
Beeck v. Aquaslide (notes)
P injured on waterslide, sued Aquaslide (the alleged mfctr). 3 insurance agents investigated and said it was an Aquaslide slide (D, water park, P's employer who held the event). Amendment allowed, even though statute of limitations had run.
H - D relied on conclusions of 3 insurance companies, so mistake was ok.
H - D relied on conclusions of 3 insurance companies, so mistake was ok.
Tags: Amend
Source:
Source:
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 set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Card tags:
All cards (94)
Amend (4)
Answer (4)
Attorney Fees (1)
Class Action (4)
Default (1)
Discovery (8)
Diversity Jdx (2)
Impleader (4)
Interpleader (1)
Intervention (8)
Jdx (12)
JNOV (3)
Joinder (5)
PI (2)
Pleading (19)
Real Parties (1)
Right to Jury (6)
Sanctions (4)
Specificity (11)
Summary Judgment (8)
Topics (2)
TRO (2)