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Supreme Court· 12/3/1962

Foman v. Davis

Citations

  • 371 U.S. 178
  • 83 S. Ct. 227
  • 9 L. Ed. 2d 222
  • 1962 U.S. LEXIS 65
  • 6 Fed. R. Serv. 2d 1234

How courts have described this case

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

  • holding that leave to amend must be \freely given\ in the absence of undue delay, bad faith, dilatory motive, or futility
  • holding that leave to amend should generally be freely given, unless the plaintiff \repeated[ly] fail[s] to cure deficiencies by amendments previously allowed\
  • holding that a clerk’s receipt of a notice of appeal meets the “filing” requirement even if the notice was not formally noted as “filed”
  • holding that leave to amend must be “freely given” in the absence of undue delay, bad faith, dilatory motive, or futility
  • holding that leave to amend must be “freely given” in the absence of undue delay, bad faith, dilatory motive, or futility
  • holding that, despite its “inept” draftsmanship, the appellant’s intention to appeal the specific final order was “manifest”

Source: CourtListener parenthetical corpus (CC0).

Judges: Goldberg

Read full opinion on CourtListener

Cited by

6,154 cases in this archive cite this case; the 20 most cited are listed.

Cites

2 cases in this archive are cited by this case.

Other cases named Foman v. Davis

1 other CourtListener record shares this case name.

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.