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: Maryland Injury Lawyer Blog"Relates Back" Lawsuit Reinstated: New 1st Circuit Opinion
The 1st Circuit Court of Appeals wrote a helpful opinion for product liability lawyers who get the name of the defendant wrong when filing just before statute of limitations expires. The court elevated substance over form in finding the the claim "relates back" under federal law.
The case involves an incredibly tragic auto accident. A 1987 Mercedes-Benz 300SDL parked on an inclined street in Puerto Rico began rolling downhill and crushed and killed a six-month-old child. The plaintiffs' product liability lawsuit alleged that design of the Mercedes-Benz caused the child's death, alleging a "gallimaufry" of product liability theories against Daimler-Chrysler Corporation.
Full post as published by Maryland Injury Lawyer Blog on May 11, 2009 (boomark / email).
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