Can Rule 15.1(c) be used by original parties to defeat a timely claim? The Next CEO of Stack OverflowFederal Rule of Civil Procedure Rule 11If a federal law caused a breach of contract, then how can the claim not need mention the federal law?How can two separate federal judges rule on the same question at basically the same time?What happens to a permissive counterclaim after the original claim is dismissed?discovery serving parties dismisseddiscovery serving parties dismissed IICompulsory counterclaim rule in states of USAUnder what circumstances is the writ of mandamus normally used?Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?
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Can Rule 15.1(c) be used by original parties to defeat a timely claim?
The Next CEO of Stack OverflowFederal Rule of Civil Procedure Rule 11If a federal law caused a breach of contract, then how can the claim not need mention the federal law?How can two separate federal judges rule on the same question at basically the same time?What happens to a permissive counterclaim after the original claim is dismissed?discovery serving parties dismisseddiscovery serving parties dismissed IICompulsory counterclaim rule in states of USAUnder what circumstances is the writ of mandamus normally used?Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
add a comment |
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
add a comment |
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15.1c
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
united-states civil-procedure federal-courts
asked 13 mins ago
David ReedDavid Reed
23428
23428
add a comment |
add a comment |
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