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Goodman v. Praxair, Inc

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Bloomberg Law

Citation. 494 F.3d 458 (4th Cir. 2007) [2007 BL 63922]

Brief Fact Summary. Goodman is suing a company for breach of contract and the defendant has since taken over the company.

 


Synopsis of Rule of Law. Rule 15C will allow amendments of pleadings and the relation-back doctrine to apply so long as the policies of the statutes of limitations have been effectively served.


Facts. Plaintiff Goodman was hired by Tracer Research Corp to detect fuel leaks. The U.S. Environmental Protection Agency will give exemptions from costly requirements as long as the products were not fuel additives under the regulations. After his work, the EPA sent a report to Tracer stating that 20 of its products were exempt. Goodman alleges he was only paid 30,000.00 and should have been paid 650,000.00 dollars. There was no due date or exact price of payment, but percentages and reasonableness standards. After the contract was completed, Praxair Services Inc acquired all the stock of Tracer and merged the company into Praxair Services. Praxair Servicers was wholly-owned subsidiary of Praxair Inc. Plaintiff upon learning this before filing his complaint filed against Praxair Inc. Praxair Inc filed dismissal motions stating they were not the entity responsible for Tracer contracts. Subsequently Goodman filed an amendment to add Praxair Services and the district court dismiss the case by not allow the relation-back doctrine to apply to the complaint which was barred by the statute of limitations.


Issue. Whether the case is properly barred by statute of limitations when an amendment was filed after that period. 


Content Type: Brief


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