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Appeals court weighs whether amended pleading can wipe out earlier third‑party claims in Jordan v. CEA
Summary
Counsel disputed whether an amended complaint and an answer with a cross claim supersede a previously filed and answered third‑party complaint; the court focused on Massachusetts pleading rules, incorporation by reference, estoppel and the effects of settlement.
In Jordan v. CEA Group, counsel debated an arcane but potentially consequential civil‑procedure issue: whether an amended complaint and subsequent answer with a cross claim can supersede and effectively nullify a separately filed and answered third‑party complaint. Chris Negrete, representing CEA, asked the court to reverse a superior‑court order that entered judgment for a third‑party defendant after settlement…
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