Spilman successfully represented our client, a Fortune 500 company, against a former employee's attempt to add an additional individual defendant to his original suit. The plaintiff also sought to add a claim of retaliatory discharge under the West Virginia Human Rights Act to his lawsuit, in which he originally pled claims of FMLA interference, FMLA retaliation, breach of West Virginia public policy and disability discrimination under the West Virginia Human Rights Act. In response, Spilman attorneys argued that the amendment should be denied because: (1) it was being sought outside the timeframe set in the scheduling order and the plaintiff could not demonstrate that "good cause" existed to justify a late coming change; and (2) it was not warranted because it would be prejudicial to the defendants and was being sought in bad faith. Ultimately, the Court denied the plaintiff's motion due to his failure to act diligently in seeking to amend his Complaint. Shortly after receiving the Court's opinion denying the plaintiff's motion, Spilman was able to reach a reasonable, voluntary resolution of this lawsuit for our client.

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