Mike Stevens of the Kentucky Law Review posted on pending House Bill 643, which will expand the ability of certain plaintiffs to sue. You will recall that a similar bill was previously pending but did not pass. Mike discusses the need for the bill and the misuse or use of the current rules by both parties.

Mike concludes; “Thus you have two choices, permit the extension of the statute of limitations following a third party apportionment claim so that the plaintiff may amend his/her complaint OR apply a theory of estoppel or waiver on the defendant for asserting an untimely claim after they have already answered.”

While I certainly understand the perceived injustice that some think occurs, I simply do not believe this is such an issue, requiring a drastic change to the civil rules. See my previous thoughts on the same bill pending in the Senate in 2006, here.

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