Friday, May 9, 2008

Relation Back

A legal malpractice case was filed against a firm that had defended a worker's comp case on behalf of an insurance company. An amernded complaint was filed and served that substituted the insurance company as party plaintiff based on a cliamed assignment of claims from the original plaintiff, the third-party administrator. The trial court held that the amended complaint was barred by the statute of limitations and granted sumary judgment.  The insurance company appealed the order of dismissal.

The Mississippi Supreme Court reversed, holding that there was a genuine issue of material fact whether the claims in the amended complaint were the same or seperate from the original complaint. If the claims are not seperate, the relation back doctrine applies and saves the civil action. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/05/relation-back.html

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