ASARCO, LLC v. Union Pacific Railroad Co.
United States Court of Appeals for the Ninth Circuit
765 F.3d 999 (2014)
Relevant factsFree
Asarco (plaintiff) sued Union Pacific (defendant) for CERCLA contribution exactly three years after settling with the government, defining a specific land area in its original complaint; less than two months later, Asarco amended to add a tract expressly excluded from the original filing, and Union Pacific argued the amendment fell outside CERCLA's three-year limitations period.
IssueFree
Whether an amended pleading can relate back to the original pleading for purposes of a statute of limitations, even if the amendment includes allegations that were expressly disclaimed in the original pleading.