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Are you for or against reparations? Why?
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Additional Posts in Litigation & Arbitration
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Check your state's civil rules. Most states allow amending at trial to conform to the evidence.
In my area of the country, binding arbitration is presided over by 3 volunteer practicing attorneys, mostly plaintiffs lawyers.
In this case, our complaint is filed for two intentional torts, but not negligence. However, as the case has developed, negligence is a strong cause of action here. Specifically because the intentional tort is part of a doctrine which also provides that a Plaintiff will succeed in negligence under this theory under certain facts, which are present in our case.
We plead negligence and contributory negligence in the counterclaim. Defendant clearly did negligence, and it is technically raised in the pleadings. Anyway to let some duty of care/breach of duty come in, because the doctrine of our intentional tort also allows for a finding of negligence? Not sure how much we can get in at binding arbitration, but it would be huge to show some negligence.
FWIW, we were outside the SoL on adding negligence by the time I discovered we should add it. I was added to this case very very late at close of discovery.
Can you try to amend?
Sounds like a matter that should be reviewed for malpractice and not for suggestions on a forum. Good luck.