Epstein Secrets

specific issue of adding a new party, and whether Rule 15 or Rule 21 applies to the addition of a party under the Federal Rules of Civil Procedure, the Fifth Circuit resolved this issue in McLellan,. Mississippi Power & Light Co., 526 F.2d 870 (56' Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir. 1

urt of Claims found that Webb, despite living in China, had access to the courts and, while living in Poland, could have gone to the U.S. Embassy in Krakow to inquire about his claim for back military pay. Id. The Court found Webb was not operating under a "legal disability" at the time his claim accru

specific issue of adding a new party, and whether Rule 15 or Rule 21 applies to the addition of a party under the Federal Rules of Civil Procedure, the Fifth Circuit resolved this issue in McLellan I. Mississippi Power & Light Co., 526 F.2d 870 (5th Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir.

urt of Claims found that Webb, despite living in China, had access to the courts and, while living in Poland, could have gone to the U.S. Embassy in Krakow to inquire about his claim for back military pay. Id. The Court found Webb was not operating under a "legal disability" at the time his claim accru

, which required leave of court. Since leave was not obtained by plaintiff, the district court dismissed the complaint as to the unions. On appeal, the Fifth Circuit posed the question: Which rule takes precedence if a party attempts to drop or add parties by an amended pleading filed before a responsive pleadin

urt of Claims found that Webb, despite living in China, had access to the courts, and while living in Poland, could have gone to the U.S. Embassy in Krakow to inquire about his claim for back military pay. Id. The Court found Webb was not operating under a "legal disability" at the time his claim accru