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A State A tractor manufacturer regularly purchases bolts from a State B bolt maker. Two years ago, a truck owned and operated by the tractor manufacturer was in an accident with a truck owned and operated by the bolt maker. This year, the tractor manufacturer refused to pay for a large shipment of bolts, claiming that they were defective. The bolt maker filed a breach of contract action against the tractor manufacturer in federal district court, seeking payment of the shipment of bolts. One week later, the statute of limitations applicable to any tort claims arising from the truck accident expired. One week after that, before the tractor manufacturer filed its answer, the bolt maker filed an amended complaint asserting both the breach of contract claim and a tort claim arising from the earlier truck accident. In its answer, the tractor manufacturer claims that the tort claim amendment was improper and that the tort claim is barred by the statute of limitations.
Is the tort claim barred by the statute of limitations?CorrectIncorrect
A consumer was injured when his recently purchased gas oven exploded. The consumer timely filed a products liability action against the manufacturer in federal district court on a theory of strict products liability. Shortly after the complaint was filed and served on the manufacturer, the statute of limitations for any tort claim arising from the explosion expired. The manufacturer then timely filed an answer denying liability and denying the material allegations. Two weeks after the manufacturer filed and served its answer, the consumer filed and served an amended complaint that added a negligence claim arising from the same oven explosion. The manufacturer moves to strike the amended complaint, claiming that the amendment was improper and that the negligence claim is barred by the statute of limitations.
How should the court rule on those claims?CorrectIncorrect