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· 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  • “When a plaintiff files an amended complaint, the original complaint is superseded and has no legal effect.”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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.