What is the test for relation back under Rule 15(c)?
MultiRegion, United States of America
The following excerpt is from Martell v. Trilogy Ltd., 872 F.2d 322 (9th Cir. 1989):
The threshold requirement for relation back under rule 15(c) is that the claim(s) sought to be asserted in the amended pleading must arise out of the same essential transaction set forth in the original pleading. This requirement is satisfied if the latter provided the defendant with 'fair notice that litigation is arising out of a specific factual situation.'
Unicure, 97 F.R.D. at 4 (quoting Longbottom v. Swaby, 397 F.2d 45, 48 (5th Cir.1968)).
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