Stewart v. Shelby Tissue, Inc.

Brief Fact Summary.

Stewart filed an amended complaint asserting two additional claims after resigning from employment and suing Shelby Tissue, Inc. in 1999.

Synopsis of Rule of Law.

A party must file supplemental pleadings in order to add additional claims that arose after the original pleading was filed.

Facts.

Stewart signed an employment contract with Shelby Tissue, Inc. (Shelby), a subsidiary of General Electric Capital Corporation (GE). Stewart resigned in 1999 and filed suit against Shelby the same day. Stewart began working for Kruger Inc. and Global Tissue, LLC (Kruger). Shelby sent Kruger and Stewart a letter stating that Kruger’s employment of Stewart violating a noncompetition clause. Shelby filed a motion to dismiss that was denied on most of their claims. Thereafter, Stewart filed an amended complaint asserting unlawful inducement of breach of contract and tortious interference with contractual relations. The defendants had not yet filed an answer to Stewart’s complaint.

Issue.

Whether a party is permitted to amend his pleadings in order to add additional claims that arose after the original pleading was filed?

Held.

Yes. Stewart’s motion to file supplemental pleadings is granted. The claims Stewart added to originated after the complaint was filed, making supplemental pleadings proper.

Discussion.

A party is permitted to file supplemental pleadings under FRCP 15(d) in order to add additional claims that arise after the original claim was filed. Parties are permitted to supplement their pleadings under FRCP 15.