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· 4/6/2009

Drobnak v. Andersen Corp.

Citations

  • 561 F.3d 778
  • 68 U.C.C. Rep. Serv. 2d (West) 665
  • 2009 U.S. App. LEXIS 7145
  • 2009 WL 902276

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a district court has the discretion to deny a request to amend a complaint “when plaintiff has not moved to amend [or] submitted a proposed amended pleading” and “the record did not indicate what one might have contained”
  • explaining that the district court’s discretion is “considerable” because “such motions are disfavored” (citation omitted)
  • noting that a plaintiff must plead an affirmative act or statement to establish fraudulent concealment
  • concluding a district court does not abuse its discretion when it denies leave to amend where a plaintiff does not comply with Local Rule 15.1 of the District of Minnesota
  • barring equitable recovery for failure to adhere to statutory notice and Rule 9(b) pleading requirements
  • explaining that no claim for unjust enrichment lies when an adequate legal remedy exists even if such a remedy were foreclosed by a party’s failure to meet the statutory notice and Rule 9(b), Fed. R. Civ. P., pleading requirements

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Beam, and Benton, Circuit Judges

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.