· 8/19/2010
Leisure Caviar, LLC v. United States Fish & Wildlife Service
Citations
- 616 F.3d 612
- 2010 U.S. App. LEXIS 17252
- 2010 WL 3258555
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Rule 15 motions filed after an entry of judgment must meet Rule 59’s “heavier burden”
- stating that a court acts within its discretion when it denies a post-judgment motion to amend on account of “undue delay,” including delay resulting from a failure to incorporate previously available evidence
- providing that “[w]hen a party seeks to amend a complaint after an adverse judgment . . . . the claimant must meet the requirements for reopening a case established by Rules 59 or 60”
- holding motions for reconsideration should only be granted under four circumstances: “(1) a clear error of law; (2) newly discovered evidence; (3) an intervening change in controlling law; or (4) a need to prevent manifest injustice.”
- warning that with “a permissive amendment policy ..., plaintiffs could use the court as a sounding board to discover holes in their arguments, then reopen the case by amending their complaint to take account of the court’s decision” (internal quotation marks omitted)
- noting that Rule 15(a) requests are normally liberally granted
Source: CourtListener parenthetical corpus (CC0).
Judges: Sutton, McKeague, Jonker
Read full opinion on CourtListenerSourced 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.