· 2/20/2014
Dave Thomas v. United Steelworkers Local 1938
Citations
- 743 F.3d 1134
- 37 I.E.R. Cas. (BNA) 1233
- 87 Fed. R. Serv. 3d 1571
- 2014 WL 642847
- 2014 U.S. App. LEXIS 3071
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a complaint cannot be amended through a brief but instead must be amended through the proper procedural rules
- deciding on a motion for summary judgment not to consider two written statements attached to plaintiff’s First Amended Complaint and not the operative Fourth Amended Complaint
- refusing to consider plaintiff’s attempt to dismiss various causes of action in opposition to motion to dismiss because plaintiffs may not amend their complaint through memorandums or briefs
- adopting the opinions of other circuits holding that parties cannot amend complaints through briefing
- \It is well-established that parties cannot amend their complaints through briefing or oral advocacy.\ (citation and quotations omitted)
- “When a plaintiff files an amended complaint, the original complaint is superseded and has no legal effect.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gruender, Beam, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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