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All main topics / Law / Civil Law / Civil Procedure 1L
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

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
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




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