Saverio Maddalone v. Okada Shosen, Kk, 756 F.2d 886 (1st Cir. 1985). · Go Syfert
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Saverio Maddalone v. Okada Shosen, Kk, 756 F.2d 886 (1st Cir. 1985). Cases Citing This Book View Copy Cite
12 citation events (8 in the last 25 years) across 4 distinct courts.
Strongest positive: Continental Western Insurance Company v. Superior Fire Protection, Inc. (nhd, 2019-12-26)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Continental Western Insurance Company v. Superior Fire Protection, Inc. (2×) also: Cited "see"
D.N.H. · 2019 · confidence medium
Maddalone v. Okada Shosen, KK, 756 F.2d 886, 887 (1st Cir. 1985); Prevor-Mayorsohn Caribbean, Inc. v. Puerto Rico Marine Mgmt., Inc., 620 F.2d 1 , 3 n.2 (1st Cir. 1980); see also In re Lorazepam & Clorazepate Antitrust Litig., 631 F.3d 537, 542 (D.C.
discussed Cited as authority (rule) Continental Western Insurance Co. v. Superior Fire Protection, Inc. (2×) also: Cited "see"
D.N.H. · 2019 · confidence medium
Maddalone v. Okada Shosen, KK, 756 F.2d 886, 887 (1st Cir. 1985); Prevor-Mayorsohn Caribbean, Inc. v. Puerto Rico Marine Mgmt., Inc., 620 F.2d 1 , 3 n.2 (1st Cir. 1980); see also In re Lorazepam & Clorazepate Antitrust Litig., 631 F.3d 537, 542 (D.C.
cited Cited as authority (rule) AQUILA, LLC v. City of Bangor
D. Me. · 2009 · confidence medium
Maddalone v. Okada Shosen, KK, 756 F.2d 886, 887 (1st Cir.1985); Marston v. Am.
discussed Cited as authority (rule) Siegemund v. Shapland
D. Me. · 2004 · confidence medium
Rule 15(a) provides that “leave [to amend] shall be freely given when justice so requires.” The rule is liberal, Maddalone v. Shosen, 756 F.2d 886, 887 (1st Cir.1985), and courts may not “deny an amendment solely because of delay and without consideration of the prejudice to the opposing party.” Hayes v. New England Millwork Dist., Inc., 602 F.2d 15, 19 (1st Cir.1979).
discussed Cited as authority (rule) Construction Equipment Lease Co. v. United States
Ct. Cl. · 1989 · confidence medium
See Hess v. United States, 210 Ct.Cl. 483, 491 , 537 F.2d 457, 461 (1976), cert. denied, 430 U.S. 931 , 97 S.Ct. 1551 , 51 L.Ed.2d 775 (1977) (citing Foman v. Davis, 371 U.S. 178, 182 , 83 S.Ct. 227, 230 , 9 L.Ed.2d 222 (1962)); Design and Production, Inc. v. United States, 10 Cl.Ct. 80, 82 (1986); Maddalone v. Okada Shosen, KK, 756 F.2d 886, 887 (1st Cir.1985).
cited Cited "see" Allwaste Environmental Services/North Atlantic, Inc. v. Pastore
D. Me. · 1996 · signal: see · confidence high
See Maddalone v. Okada Shosen, KK, 756 F.2d 886, 887 (1st Cir.1985); Marston v. American Employers Ins.
Retrieving the full opinion text from the archive…
Saverio MADDALONE, Plaintiff, Appellant,
v.
OKADA SHOSEN, KK, Defendant, Appellee
84-1695.
Court of Appeals for the First Circuit.
Mar 7, 1985.
756 F.2d 886
William N. Batty, Boston, Mass., with whom Steven B. Stein and Law Offices of William N. Batty, Boston, Mass., were on brief for plaintiff, appellant., James B. Re, Boston, Mass., with whom Thomas H. Walsh, Jr., and Bingham, Dana & Gould, Boston, Mass., were on brief for defendant, appellee.
Aldrich, Breyer, Tor-Ruella, Torruella.
Cited by 8 opinions  |  Published
TORRUELLA, Circuit Judge.

This appeal arises from the district court’s denial of appellant’s motion to amend its complaint, and the subsequent grant of summary judgment for the defendant. For the reasons stated herein, we reverse.

In March, 1980 Saverio Maddalone, a longshoreman employed by I.T.O. Corporation of New England (“ITO”), was injured[*887] while working aboard a vessel owned by defendant Okada Shosen K.K. After filing a claim for compensation pursuant to the Longshoremen and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 933, Maddalone agreed to settle with ITO’s workmen’s compensation insurer, Liberty Mutual Insurance Company (“Liberty”), for approximately $11,000.

Subsequently a suit was filed against Okada Shosen K.K. on behalf of Liberty, although Maddalone was named as plaintiff on the complaint. Under the LHWCA, once Liberty had fulfilled its settlement obligations to Maddalone, the right to recover against the defendant shipowner was statutorily assigned to Liberty and ITO. The defendant, therefore, moved to dismiss the complaint on grounds that Maddalone was not the real party in interest.

In opposing the motion, Liberty asked leave of the court to amend the complaint to substitute its own name for that of Maddalone. The court denied the request and entered summary judgment for the defendant. Liberty is now barred by the statute of limitations from bringing a new suit in its own name.

The Federal Rules of Civil Procedure provide: “Every action shall be prosecuted in the name of the real party in interest.” Fed.R.Civ.P. 17(a). The court was correct in finding that Maddalone was no longer the real party in interest in this suit. The same rule further states, however:

No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ... substitution of, the real party in interest; and such ... substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

Fed.R.Civ.P. 17(a). If Liberty were allowed to amend the complaint, then, its suit would not be barred by the statute of limitations.

The federal rule governing amendment of the pleadings is liberal, providing that leave to amend “shall be freely given when justice so requires.” Fed.R.Civ.P. 15(a). Appellant has demonstrated that it will certainly be disadvantaged if leave to amend is not allowed, since the statute of limitations will preclude its suit altogether.

There is no substantiated claim that counsel’s naming the wrong party plaintiff was done in bad faith. Negligence is not, per se, a bar to a substitution in the absence of any showing of prejudice. Here we note that at least by December 1983, and we would think by October 1983, defendant must have known of the error. While defendant speaks of the “ambiguity” of plaintiff’s filings on those dates, there is nothing to show any later event that clarified the ambiguity. In January, 1984 defendant attended a conference at which the case was assigned for trial in March, and only in February did defendant raise the matter of the wrong plaintiff. Delay could not be of any concern to defendant. Nor would there be any other prejudice, unlike Hayes v. New England Millwork Distributors, Inc., 602 F.2d 15 (1st Cir.1979), a case otherwise stressing the liberality of Fed.R. Civ.P. 15(a).

Reversed and remanded.