Marsh v. Coleman Co., Inc.
United States District Court for the District of Kansas
774 F. Supp. 608 (D. Kan. 1991)
Relevant factsFree
Marsh (plaintiff) sued Coleman Company, Inc. (defendant) for wrongful termination in an original complaint filed in January 1990, then filed an amended complaint in December 1990 adding a fraud claim based on conduct that predated the original allegations by as much as four years. By the time the amended complaint was filed, the statute of limitations had run on the fraud claim unless it could relate back to the original filing date.
IssueFree
Whether a claim raised in an amended complaint relates back to the date of the original complaint when the new claim is not derived from the allegations originally pled.