Expert: Jason Barnette, Esq. - 1/19/2010

Question
I currently have a 5 count claim being litigated in AR.  The defendant and her attorney are totally ignoring the Ark Rule Civ Proc and trying to spend me out of litigation. (before you say anything -- I know that lawyers don't sanction other lawyers)  Which they apparently have succeeded in doing.  The 5 counts were filed March 2009 with a lawyer:
1) Fraud and deceit
2) Outrage - AR equivalent of IIED
3) Defamation
4) Breach of Contract and Ejectment
5) Interference with contractural relationship
On January 8th 2010 I responded to the same persons "Order of Protection" claim  with a (Pro Se) counterclaim for :
A) Abuse of Process
B) Implicit Fraud

I am about to take over the Mar 2009 case as Pro Se plaintiff.  

What I wanted to know if there is any case law preventing me from Leaving to Amend the original March case to #3,#4 & #5 moving #1 & #2 to TN court and adding Negligence to the TN case?

It appears that TN is more open to IIED cases.  Do I have to worry about Statute of Limitations since I am simply transferring the case?

Regards,

Martin

Answer
Martin:

What is your jurisdictional basis for filing in TN?  After knowing that, I may be able to advise as to whether the doctrine of relation back applies.

An aside, don't be fooled into thinking Tennessee courts are more plaintiff friendly.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com