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· 2/28/2002

Hernandez v. Wyeth-Ayerst Laboratories

Citations

  • 291 A.D.2d 66
  • 738 N.Y.S.2d 336
  • 2002 N.Y. App. Div. LEXIS 2124

How courts have described this case

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

  • explaining that “dismissals for lack of Article III jurisdiction must be entered without prejudice”
  • explaining that a district court must give a 6 plaintiff at least one chance to amend a deficient complaint unless there is a clear showing that 7 amendment would be futile
  • explaining that a district court 8 | must give a plaintiff at least one chance to amend a deficient complaint unless there is a clear 9 | showing that amendment would be futile
  • affirming denial of leave to amend on futility grounds due to lack of additional allegations
  • “[D]ismissals for lack of Article III jurisdiction must be entered without prejudice because a court that lacks jurisdiction “is powerless to reach the merits.”
  • “[D]ismissals for lack of Article III jurisdiction must be entered without prejudice because a court that lacks jurisdiction “is powerless to reach the merits.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sullivan

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.