Legal Opinion
Malcolm Simmons and Doris Simmons v. Teresa D. Fenton and James L. Garrison
Court of Appeals for the Seventh Circuit
Decided June 15, 1973No. 72-1392PublishedCited by 63 opinions
1Opinion of the Court
HASTINGS, Senior Circuit Judge.
We are presented with a novel question concerning the amendment of a complaint in a diversity tort action and the date to which it may or may not relate back pursuant to Rule 15(c), Federal Rules of Civil Procedure, Title 28, U. S.C.A. The relevant part of such rule reads:
“Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a…
2Cases cited11 opinions
- Abelino ARCHULETA, Plaintiff-Appellee, v. DUFFY’S INC., Defendant-AppellantCourt of Appeals for the Tenth Circuit · 1973
- Glen Graves v. General Insurance Corporation, a Foreign CorporationCourt of Appeals for the Tenth Circuit · 1969
- Martz v. Miller Brothers CompanyDistrict Court, D. Delaware · 1965
- Williams v. Pennsylvania R. Co.District Court, D. Delaware · 1950
- Munetz v. Eaton Yale & Towne, Inc.District Court, E.D. Pennsylvania · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Ray v. Alexandria MallSupreme Court of Louisiana · 1983
- James Wood, Cross v. Allen Worachek, CrossCourt of Appeals for the Seventh Circuit · 1980
- John Staren and David Henner v. American National Bank and Trust Company of Chicago, a CorporationCourt of Appeals for the Seventh Circuit · 1976
- Harold B. Hughes and Nancy J. Hughes v. United StatesCourt of Appeals for the Seventh Circuit · 1982
- Giroir v. South Louisiana Medical Center, Division of HospitalsSupreme Court of Louisiana · 1985
58 more not listed; retrieve them via the Exa API.