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· 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plaint and its attachments could not be used against the plaintiff at a bench trial because “that pleading was wholly superseded by the amended complaint which proceeded under a different theory”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 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.