Legal Opinion

Carolyn N. Hess, Administratrix of the Estate of David Milano, Deceased v. Bob Eddy

Court of Appeals for the Eleventh Circuit

Decided October 21, 1982No. 81-7634PublishedCited by 38 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

In this appeal, we are asked to decide whether a civil rights action is time barred if a person other than the “real party in interest” brings suit within the applicable limitations period, and the real party in interest first joins and ratifies the action only after the limitations period has run. We conclude that the Federal Rules of Civil Procedure allow for an amendment or ratification by the real party in interest, that the amendment or ratification relates back to the time suit was initially filed, and that the real party in interest’s action is therefore not…

2Cases cited17 opinions

  1. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  2. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  3. Robertson v. WegmannSupreme Court of the United States · 1978
  4. Surowitz v. Hilton Hotels Corp.Supreme Court of the United States · 1966
  5. Levinson v. DeupreeSupreme Court of the United States · 1953

12 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Beal v. City of SeattleWashington Supreme Court · 1998
  2. Beal for Martinez v. City of SeattleWashington Supreme Court · 1998
  3. Jones v. Preuit & MauldinCourt of Appeals for the Eleventh Circuit · 1989
  4. Fujimoto v. AuHawaii Supreme Court · 2001
  5. Tingley v. HarrisonIdaho Supreme Court · 1994

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API