· 7/15/2002
Kazimierz J. Dudek Margaret Varley Dudek, on Behalf of Themselves and All Others Similarly Situated v. Prudential Securities, Inc.
Citations
- 295 F.3d 875
- 2002 U.S. App. LEXIS 14275
- 2002 WL 1491722
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding no abuse of discretion when plaintiff failed to submit proposed amended pleading and failed to describe substance of amended claims
- finding no abuse of discretion is granting motion to dismiss without leave to amend when plaintiff failed to submit proposed amended pleading and failed to described substance of amended claims
- upholding denial of a request for leave to amend at the end of the plaintiffs’ brief because they did not (1) “include a proposed amended pleading” as required by local rule, (2) “describe what changes they would make,” or (3) specify what non-futile claims they would assert
- plaintiffs’ omis- sion of certain fraud allegations previously pled in a different case did not save complaint from SLUSA dismissal
- where plaintiffs did not include a proposed amended pleading per local rule and describe changes they would make, district court did not abuse its discretion in granting motion to dismiss
- breach of fiduciary duty and unjust enrichment claims preempted by SLUSA because the essence of the complaint was that defendants misstated or omitted material facts in connection with the purchase and sale of a security
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Goldberg, Trade, Kyle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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