· 6/6/2003
Briggs v. State of MS
Citations
- 331 F.3d 499
- 2003 WL 21134693
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding denial of a motion for leave to amend is not an abuse of discretion when the amendment would have been futile
- denying leave to amend when plaintiff should have had notice of issue from court’s ruling on original motion to dismiss, and when further amendment would be futile
- denying motion to amend is not an abuse of discretion if allowing amendment would be futile, and amendment is futile if it would fail to survive Rule 12(b)(6) motion
- “[a] mere display on public property . . . is in no meaningful sense . . . coercive”
- “[T]he proposed amended complaint could not survive a Fed. R. Civ. P. 12(b)(6) motion and allowing [plaintiff] to amend the complaint would be futile.”
- noting similarity and treating the tests together
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Jolly, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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