Morgan Distributing Company, Inc. v. Unidynamic Corporation (Formerly Known as Umc Industries, Inc.)

How courts have described this case

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

• holding that one complaint, alleging one breach of a fran-' chise agreement, and another complaint, alleging a related breach of the same agreement, created different actions for purposes of Rule 15(c)
• noting that a complaint cannot be amended by a brief in opposition to a motion to dismiss
• pointing out that a responsive brief is neither the time nor the place to raise a new claim
• observing that Rule 15’s “plain language makes clear that it applies not to the filing of a new complaint, but to the filing of an amendment stating a claim which arose ‘out of the conduct set forth in the original pleading’”
• pointing out that a responsive brief is neither the time nor the place to raise a new claim
• pointing out that a responsive brief is neither the time nor the place to raise a new claim

Source: CourtListener parenthetical corpus (CC0).