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

by her. Another case rejecting an attempt by proposed new plaintiffs to join an existing lawsuit, after the statute of limitations had expired, is Asher'. Unarco Material Handling, Inc. 596 F.3d 313 (6th Cir. 2010). The original plaintiffs were allegedly injured by carbon monoxide gas at a Wal-Mart

finding that "they attempted to circumvent the statute of limitations, adding new parties and new claims." Id. at 319. The proposed plaintiffs in Asher made the same argument as petitioners in this case, that the defendant had notice of their claims because they were aware of the original plaintiffs

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.

by her. Another case rejecting an attempt by proposed new plaintiffs to join an existing lawsuit, after the statute of limitations had expired, is Asher. Unarco Material Handling, Inc. 596 F.3d 313 (6th Cir. 2010). The original plaintiffs were allegedly injured by carbon monoxide gas at a Wal-Mart D

finding that "they attempted to circumvent the statute of limitations, adding new parties and new claims." Id. at 319. The proposed plaintiffs in Asher made the same argument as petitioners in this case, that the defendant had notice of their claims because they were aware of the original plaintiffs

, 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

ment, finding that "they attempted to circumvent the statute of limitations, adding new parties and new claims." Id. at 319. The new plaintiffs in Asher made the same argument as petitioners in this case, that the defendant had notice of their claims because they were aware of the original plaintiffs