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KRUPSKI v. COSTA CROCIERE, S.P.A.

Docket No.: 09-337
Certiorari Granted: February 25, 2010
Argued: April 21, 2010
Decided: June 7, 2010

Topics:

Federal Rules of Civil Procedure, Civil Procedure, Federal Rules of Civil Procedure

PartyNames: Wanda Krupski v. Costa Crociere S.p.A.
Petitioner: Wanda Krupski
Respondent: Costa Crociere S.p.A.

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: 330 Fed.Appx. 892

Wanda Krupski
v.
Costa Crociere S.p.A.
Question Presented:

:flOmega Fed. R. Civ. P. 15(c)(l)(C) Permits An Amended Complaint To "Relate Back", For Limitation Purposes, When The Amendment Corrects A, "Mistake Concerning The Proper Party's Identity". Other Circuit Courts of Appeal Construe The Rule As Applying To Substitution Of The Correct Defendant For A Related Corporation With A Similar Name. The Eleventh Circuit Has Concluded That There Can Be No Such "Mistake" Where The Plaintiff Had Imputed Knowledge Of The Identity Of The Added Defendant Prior To Filing Suit. Does The Eleventh Circuit Construction Of Rule 15(c)(l)(C) Undermine The Purpose Of The Rule And Is It Inconsistent With The Decisions In Other Circuits?

Question:

Does the Eleventh Circuit's construction of Federal Rule of Civil Procedure 15(c)(1)(C), which permits an amended complaint to relate back when the amendment corrects a "mistake concerning the proper party's identity," undermine the purpose of the rule?

Note:

EXPEDITED BRIEFING SCHEDULE.

KRUPSKI v. COSTA CROCIERE, S.P.A.
ORAL ARGUMENT

April 21, 2010

Holding: reversed and remanded
Vote: 9-0
Opinion By: Justice Sonia Sotomayor
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