FRCP 15(c) Does Not Revive a State Time-barred Discrimination Claim on Removal: Fifth Circuit | Practical Law
In Taylor v. Bailey Tool & Manufacturing Company, the US Court of Appeals for the Fifth Circuit held, in a case of first impression, that federal claims that were time-barred when filed in state court are subject to the Texas relation back rules and cannot be revived by Federal Rule of Civil Procedure (FRCP) 15(c) after removal because the federal rules do not apply until after a case is removed to federal court.