· 9/6/2006
Dresdner Bank AG v. M/V Olympia Voyager
Citations
- 463 F.3d 1210
- 2006 A.M.C. 2227
- 2006 U.S. App. LEXIS 22650
- 2006 WL 2548789
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the original com- plaint and its attachments could not be used against the plaintiff at a bench trial because “that pleading was wholly superseded by the amended complaint which proceeded under a different theory”
- explaining that when “the original pleading is abandoned by [an] amendment,” the original pleading becomes a legal nullity, and the amended pleading supersedes it
- stating that “[a]n amended pleading supersedes the former pleading” such that “the [former] pleading is abandoned by the amendment” (citation omitted)
- explaining that prior complaint “is no longer a part of the pleader’s averments against his adversary”
- stating that the original complaint is considered abandoned and is no longer a part of the pleader’s allegations against her adversary when an amended complaint is filed
- stating that the original complaint is considered abandoned and is no longer a part of the pleader’s allegations against her adversary when an amended complaint is filed
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Marcus, Cox
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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