Legal Opinion · Concurring in part, dissenting in part
Lundy v. Adamar of New Jersey, Inc.
Court of Appeals for the Third Circuit
Decided July 5, 1994No. 93-5265Unknown
1Concurring in part, dissenting in partBecker, Circuit Judge
Federal Rule of Civil Procedure 15(c) was amended in 1991 “to prevent parties against whom claims are made from taking unjust advantage of otherwise inconsequential pleading errors to sustain a limitations defense.” Fed.R.Civ.P. 15, advisory committee’s note — 1991 amendment. I believe that the majority has lost sight of the motivation behind the 1991 amendment to Rule 15 as well as of the plain meaning of that Rule, and thereby has deprived the plaintiff of his day in court on the basis of a mere technicality. I respectfully dissent from Part IV of the majority’s opinion.
I concur with the…
2Cases cited88 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Schiavone v. FortuneSupreme Court of the United States · 1986
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