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Civil Practice – Relation Back – Voluntary Dismissal – Unrelated Plaintiff

Civil Practice – Relation Back – Voluntary Dismissal – Unrelated Plaintiff
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Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff | Fox Rothschild LLP

It seems obvious that a named plaintiff must be the correct plaintiff in order for it to have standing to move forward with a lawsuit. But figuring out the identity of the correct. ....

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Civil Practice – Statute of Limitations – Refiled & Amended Complaints – Rule 41 Savings Clause – Different Plaintiff

After the statute of limitations had expired, the complaint was amended so that it changed the identity of the plaintiff. The substituted plaintiff’s claims do not relate back to the filing of the same claims asserted by the original plaintiff. We affirm summary judgment for defendant. This action to recover water and sewer access fees . ....

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