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· 8/8/2006

Misischia v. St. John's Mercy Health Systems

Citations

  • 457 F.3d 800
  • 24 I.E.R. Cas. (BNA) 1668
  • 2006 U.S. App. LEXIS 20176
  • 2006 WL 2253114

How courts have described this case

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

  • holding that a plaintiff can be denied leave to amend his complaint when he does not file a motion or explain what he would change
  • holding that the district court does not abuse its discretion in denying leave to amend when plaintiff raises the issue “with a one-line request in his brief opposing defendants’ motion to dismiss”
  • holding district court did not abuse its discretion when it denied leave to amend a complaint requested through a brief in opposition to a motion to dismiss
  • defining an appeal as frivolous “when the result is obvious or when the appellant’s argument is wholly without merit”
  • “The doctrine of res judicata would become meaningless if a party could relitigate the same issue . . . by merely positing a few additional facts that occurred after the initial suit.” (citation omitted)
  • three “extortionate” 7 letters from 2001 and 2002 were so unrelated to events of 1993 and 1994 as to add nothing to the 8 showing that the earlier acts reflected “a threat of continued racketeering activity,” the prerequisite of a 9 RICO claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Lay, Bye

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.