United States Sixth Circuit

District court's finding that plaintiffs' new claims in their amended complaint were time-barred under the applicable Kentucky statute of limitations and dismissal of federal claims is reversed as: 1) the claims asserted in the amended complaint were based on the same conduct, transaction or occurrence as the claims in the original complaint that defendants impermissibly reduced and suspended assignment of wrecker calls to plaintiffs' towing service; and 2) as such, the claims in the amended complaint relate back to the claims in the original complaint and were filed within the statute of limitations.

Appellate Information

• Decided 10/20/2009
• Published 10/20/2009

Judges

• Before:  MARTIN, COLE, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David A. Friedman, Fernandez Friedman Haynes & Kohn PLLC, Louisville, Kentucky, for Appellants.  David A. Cohen, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Kentucky, for Appellees.   ON BRIEF:  David A. Friedman, Fernandez Friedman Haynes & Kohn PLLC, Louisville, Kentucky, for Appellants.  David A. Cohen, Stephen G. Amato, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Kentucky, for Appellees.