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· 7/24/2007

Kassner v. 2nd Avenue Delicatessen Inc.

Citations

  • 496 F.3d 229
  • 68 Fed. R. Serv. 3d 835
  • 2007 U.S. App. LEXIS 17523
  • 89 Empl. Prac. Dec. (CCH) 42,902
  • 101 Fair Empl. Prac. Cas. (BNA) 259
  • 2007 WL 2119769

How courts have described this case

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

  • holding that amended complaint must be \sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)(6)\
  • holding that where the amended complaint alleged new facts and cured the “defective pleading,” the good cause standard was met
  • holding that an amended complaint must be “sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)(6)”
  • holding that amended complaint must be “sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)(6)”
  • holding that 79-year-old waitress stated a claim for ADEA hostile work environment against restaurant owner who repeatedly made degrading comments including “drop dead,” “retire early,” “take off all of that make-up,” and “take off your wig”
  • noting that in addition to diligence, a court may also consider “whether allowing the amendment of the pleading at this stage of the litigation will prejudice defendants”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Sack, Stanceu

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.