Plaintiff nonsuits, then adds new claims « Virginia Lawyers Weekly

Plaintiff nonsuits, then adds new claims

By Peter Vieth
Published: March 25, 2010

Tags: Judge T.S. Ellis III, Medical Malpractice

An Alexandria federal judge has allowed new claims in a refiled medical malpractice suit after a nonsuit, even though the additional claims otherwise would be barred by the statute of limitations. The judge examined whether the added claims arose from the same “action, transaction or occurrence” as the earlier lawsuit. The decision stands in marked ...

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Plaintiff nonsuits, then adds new claims

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