Question: A partner comes into your office. Wouldn't you know it , she says, I represent the defendant and I thought we were going to
A partner comes into your office. "Wouldn't you know it she says, "I represent the defendant and I thought we were going to beat the statute of limitations but today the plaintiff filed an amended complaint to add a new claim. She had timely sued my client for medical malpractice arising out of a botched operation, but now has added a battery claim based on lack of informed consent. Thing is though, that even though the complaint with only the malpractice claim was filed on time, the statute of limitations had run on the claim she has added by amendment. Oh well, nothing I can do because the right to amend under Rule a hasn't lapsed yet it's only been a few days since she filed the complaint but she filed it with just the medical malpractice claim on the last day before the statute of limitations ran." What will you say? points.
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