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Relation Back Doctrine

Freiberger Haber LLP

The Relation-Back Doctrine Under CPLR 203(c) and (f)

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It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to...more

Epstein Becker & Green

New York’s Highest Court Clarifies Law On “Relation Back” and Statute of Limitations

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The statute of limitations is a powerful threshold defense for defendants in civil litigation.  Article 2 of New York’s Civil Practice Law and Rules (“CPLR”) and other New York statutory provisions set forth deadlines by...more

Freiberger Haber LLP

Amended Complaints, New Defendants and the Relation-Back Doctrine

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“A” brings an action against “B”. The causes of action asserted against “B” are all timely for statute of limitations purposes. Following discovery, “A” learns that “C” played a material role in the facts and...more

Fox Rothschild LLP

Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff

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It seems obvious that a named plaintiff must be the correct plaintiff in order for it to have standing to move forward with a lawsuit. But figuring out the identity of the correct plaintiff is not always as easy as it should...more

Sheppard Mullin Richter & Hampton LLP

Employers May Face an Expanded Liability Period in PAGA Suits Under the Relation Back Doctrine

On February 7, 2022 a California Court of Appeal issued its decision in Hutcheson v. The Superior Court of Alameda County (UBS Financial Services, Inc.). The case addresses the relation back doctrine in the context of a...more

Manatt, Phelps & Phillips, LLP

Relation Back Doctrine Can Apply to PAGA Claims

Considering the intersection of the Private Attorneys General Act (PAGA) and the doctrine of relation back, a California appellate panel found that the doctrine can apply to the statute, opening the door to a subsequent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Applies ‘Relation Back’ Doctrine to Substitute PAGA Plaintiff’s Claims Deadline

On February 7, 2022, a California appellate court issued the latest decision regarding the Private Attorneys General Act (PAGA). Representative PAGA actions, which typically involve a relatively brief statute of limitations,...more

Farrell Fritz, P.C.

“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

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When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties having an interest in both the approval itself and the real property to which it...more

Farrell Fritz, P.C.

Flag on the Play for Illegal Procedure: Necessary Parties and the Pitfalls of Nonjoinder

Farrell Fritz, P.C. on

Failure to name a necessary party when challenging a land use determination may result in dismissal, and leave a challenger without further recourse. CPLR 1003 provides that the nonjoinder of a party who should be joined...more

McDermott Will & Emery

Flip It and Reverse it: Relation Back Requires Notice of Claims Arising Out of Same Conduct, Transaction, Occurrence

McDermott Will & Emery on

Addressing the application of the relation-back doctrine, the US Court of Appeals for the Federal Circuit revived a lawsuit, finding that damages were available because the amended complaint that asserted new patents related...more

Payne & Fears

No "End Run" Around Brinker Under Section 17200

Payne & Fears on

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10,...more

Tucker Arensberg, P.C.

2017 Amendment Brings Relation-Back Doctrine to State Court

Tucker Arensberg, P.C. on

Pennsylvania Rule of Civil Procedure 1033 was amended in 2017 to allow for the addition of a new party after the expiration of the statute of limitations, provided certain conditions are met. This rule change was intended to...more

White and Williams LLP

Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the...

Earlier this summer, in Gables & Villas at River Oaks Homeowners Ass’n v. Castlewood Builders LLC, 2018 UT 28, the Supreme Court of Utah addressed the question of whether the plaintiff’s construction defects claims against...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: - SC19576 - Briere v. Greater Hartford Orthopedic Group, P.C. - SC19576 Concurrence - Briere v. Greater Hartford Orthopedic Group, P.C. One might argue this decision...more

Robinson & Cole LLP

The Enforceability of Mechanics' Liens in Bankruptcy Is Dependent on State Law

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In a recent decision, the Third Circuit Court of Appeals held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished filed for...more

Haight Brown & Bonesteel LLP

Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

In Scholes v. Lambirth Trucking Co. (No. C070770, Filed 4/6/2017), the California Court of Appeal for the Third Appellate District held that the relation-back doctrine could not save a property owner’s trespass claim against...more

Brooks Pierce

NC Business Court: Motions To Amend And The Statute Of Limitations

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Maybe you have the same nightmare that I do. You have moved to amend your Complaint to add a new defendant. The statute of limitations is about to run, but your motion to amend was made before the end of the limitations...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending February 21 And 28, 2014

Carlton Fields on

I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ - Relation-Back: amended complaint naming third-party defendant as defendant relates back to filing of third-party complaint where (a) third-party complaint...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Rejects the Application of American Pipe's Tolling Rule and Rule 15(c)'s "Relation Back" Doctrine to the Three-Year...

In In re IndyMac Mortgage-Backed Securities Litigation, No. 11-2998-CV, 2013 WL 3214588 (2d Cir. June 27, 2013), the United States Court of Appeals for the Second Circuit held that the tolling rule established by the United...more

Cranfill Sumner LLP

Annual Review of Significant Cases Affecting Design Professionals

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This annual update is to provide a review of the most significant decisions impacting design professionals. The cases will consider the following important issues: the effect contractual language has on a professional...more

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