Enrique Diaz v. Dennis Shallbetter

This ease is properly resolved by retroactively applying the amended version of Fed.R.Civ.P. 15(c). Ever since United States v. Schooner Peggy, 1 Cranch 103, 2 L.Ed. 49 (1801), the general rule has been that appellate courts apply the law in effect at the time that their decision is rendered. See Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827, 836-37, 110 S.Ct. 1570, 1576-77, 108 L.Ed.2d 842 (1990); Thorpe v. Housing Auth. of Durham, 393 U.S. 268, 281, 89 S.Ct. 518, 525, 21 L.Ed.2d 474 (1969). Of course, there are certain exceptions. Where manifest injustice would result to one of…