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· 9/10/2014

Engle Cases 4432 Individual Tobacco v. Various Tobacco Companies

Citations

  • 767 F.3d 1082
  • 89 Fed. R. Serv. 3d 1199
  • 2014 U.S. App. LEXIS 17450

How courts have described this case

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

  • explaining that a motion for leave to amend may be denied “where amendment would be futile”
  • explaining that a motion to amend a complaint under Rule 15(a)(2) may be denied “where amendment would be futile” (quoting Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001) (per curiam))
  • denying an attempt to amend a complaint where “counsel were trying to make an end run around” prior adverse rulings
  • dismissing with prejudice and concluding that “a lawsuit filed in the name of a deceased individual is a nullity over which this Court has no jurisdiction”
  • “As any lawyer worth his salt knows, a dead person cannot maintain a personal injury claim.”
  • “[A] motion for leave to amend may appropriately be denied ‘(1) where there has been undue delay, bad faith, dilatory motive, or repeated failure to cure deficiencies by amendments previously allowed; (2

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Tjoflat, Siler

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.