District court's finding that plaintiffs' new claims in their amended complaint were time-barred under the applicable Kentucky statute of limitations and dismissal of federal claims is reversed as: 1) the claims asserted in the amended complaint were based on the same conduct, transaction or occurrence as the claims in the original complaint that defendants impermissibly reduced and suspended assignment of wrecker calls to plaintiffs' towing service; and 2) as such, the claims in the amended complaint relate back to the claims in the original complaint and were filed within the statute of limitations.
Argued: October 6, 2009
Decided and Filed: October 20, 2009
Opinion by Circuit Judge Martin
For Appellant: David A. Friedman, Fernandez Friedman Haynes & Kohn PLLC, Louisville, Kentucky
For Appellee: David A. Cohen, McBrayer, McGinnis, Leslie & Kirkland, PLLC, Louisville, Kentucky