Educational Computer Software, Inc. v. Baldwin

How courts have described this case

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

• recognizing that a demand on the shareholders would be futile in light of ultra vires acts because those acts cannot be ratified
• holding that a party must submit a proposed amendment and granting leave to amend without such is an abuse of discretion
• concluding that a request for leave to amend in an opposition brief to a motion to dismiss should not “be construed as a motion for leave to amend”
• concluding that a request for leave to amend in an opposition brief to a motion to dismiss should not “be construed as a motion for leave to amend”
• concluding that the request for leave to amend embedded in a brief in opposition was not a proper motion and the trial court did not abuse its discretion by denying the request
• concluding “a party must submit a proposed amendment along with its motion” to be entitled to leave to amend

Source: CourtListener parenthetical corpus (CC0).