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· 11/9/1999

Martin's Herend Imports, Inc. v. Diamond & Gem Trading United States of America Co.

Citations

  • 195 F.3d 765
  • 52 U.S.P.Q. 2d (BNA) 1668
  • 1999 U.S. App. LEXIS 29794
  • 1999 WL 1021229

How courts have described this case

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

  • explaining that \discretion” is misleading because of the \bias in favor of granting leave to amend” (internal quotation marks and citation omitted)
  • describing “undue delay” as a “substantial reason” justifying denial of leave to amend
  • a court has discretion not to allow amendment when an amendment would be frivolous or futile
  • Rule 15(a) “evinces a bias in favor of granting leave to amend.” (internal citations omitted)
  • “A district court acts within its discretion when dismissing a motion to amend that is frivolous or futile.”
  • “When we consider an appeal of a summary judgment, our review is confined to an examination of materials before the lower court at the time the ruling was made; subsequent materials are irrelevant.” (internal quotation marks and citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Garwood, Smith, Benavides

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.