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United States Second Circuit


TRAN v. THE ALPHONSE HOTEL CORP., 00-9032, 01-7598

Where the only illegal conduct described in the original complaint was a violation of the Fair Labor Standards Act, plaintiff's amendment to the complaint, adding a RICO claim beyond the four-year statute of limitations, did not relate back to the original complaint, and since plaintiff did not establish any of the elements of equitable tolling, the district court abused its discretion in allowing amendment to stand.

Appellate Information

  • Decided 02/05/2002
  • Published 02/05/2002

Judges

Court

  • United States Second Circuit

Counsel

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