Atlantis Plastics Corp. v. Sammons
Court of Chancery of Delaware
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…
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