Legal Opinion

Atlantis Plastics Corp. v. Sammons

Court of Chancery of Delaware

Decided January 3, 1989No. Civ. A. 930PublishedCited by 22 opinions

1Opinion of the Court

HARTNETT, Vice-Chancellor.

Pursuant to Chancery Rule 15, the plaintiff Atlantis Plastics Corporation (“Atlantis Plastics”) moved to amend its complaint by adding its present sole stockholder, Aida Eisele, as a plaintiff and by asserting a new claim against the individual defendants. In the new claim it is asserted that the individual defendants fraudulently participated in a scheme devised by Aida’s ex-husband, Alfred 0. Eisele, a nonparty to this action, to defraud Aida. The question presented is whether the proposed amendment is barred because of the failure to timely assert it.

I find that…

2Cases cited22 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Bangor Punta Operations, Inc. v. Bangor & Aroostook RailroadSupreme Court of the United States · 1974
  3. Allen Williams B/n/f Louise J. Smyre v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  4. Chicago Title Insurance v. Great Western Financial Corp.California Supreme Court · 1968
  5. Adams v. JankouskasSupreme Court of Delaware · 1982

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

3Cited by22 opinions

  1. Vichi v. Koninklijke Philips Electronics N.V.Court of Chancery of Delaware · 2012
  2. Kahn v. Seaboard Corp.Court of Chancery of Delaware · 1993
  3. Heineman v. Datapoint Corp.Supreme Court of Delaware · 1992
  4. Mainella v. Staff Builders Industrial Services, Inc.Supreme Court of Rhode Island · 1992
  5. Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbHCourt of Chancery of Delaware · 2013

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

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