Marsh v. Coleman Company
774 F. Supp. 608 (D. Kan. 1991)
worked for Coleman for 28 years.He was fired.He filed
suit in Federal Court for breach of contract and age discrimination.
the initial complaint was made, Marsh attempted to amend the complaint to
add a claim for fraud.Coleman opposed the amended complaint.
Coleman noted that the
fraud claim was based on an incident three years prior to the filing of
the initial complaint.Under
Kansas State law, there was a two year Statute of Limitations on fraud claims.
argued that amending the complaint was legal under FederalRule 15(c)(2).
FederalRule 15(c) basically says that once notice has been
given of pending litigation over a particular incident, the defendant
has been given all the notice required for purposes of the Statute of
Appellate Court denied Marsh's motion to amend the complaint.
Appellate Court found that the fraud claim was based on conduct
substantially different in kind and time from the claims alleged in
Marsh's original complaint.Coleman had no reason to anticipate preparing to defend a case
based on fraud.
the Court said that the fraud claim was a totally different claim than
the age discrimination claim.You can add new claims when you amend a complaint, but those new
claims have to fundamentally relate to the original complaint.