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O’Brien Defeats Effort to Add Multimillion-Dollar Untimely Claims to Long-Term Care Case

November 12, 2021

Edward M. O’Brien (Of Counsel- Louisville, KY | Merrillville, IN) obtained a favorable ruling for a long-term care facility operator in Kentucky state court. The plaintiff sued our client, alleging negligence, medical negligence, corporate negligence and violation of a long-term care resident’s rights, and sought punitive damages. Three years after filing the lawsuit, the plaintiff brought additional claims, potentially worth several million dollars, relating to events that occurred after the filing of the initial complaint. Eddie vigorously opposed the plaintiff’s attempt to add the new claims, arguing that they were barred by the applicable statute of limitations. The plaintiff argued that the new claims should have related to the date of the filing of the original complaint. The trial court was persuaded by Eddie’s argument and denied the motion to add the untimely claims, significantly minimizing the financial risk.

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