Northern Assurance Company of America, as Subrogee of Michael and Carole Morrell v. Square D Company

How courts have described this case

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

• observing that “it is not the actual decision to deny leave to amend that forms the basis of the bar”
• acknowledging that “the scarcity of judicial resources alone does not justify denying a party the opportunity to litigate a claim” (quotations omitted)
• “Square D is unable to cite, and we are unable to find, any case where a second suit against an independent party was dismissed as duplicative.”
• “Where the plaintiff is seeking to add additional claims against the same defendant and leave to amend is denied, claim preclusion is appropriate.”
• “Northern has separate and distinct causes of action against each defendant, since NYSEG and Square D allegedly are joint tortfeasors and are not in privity.”
• “[T]he actual decision denying leave to amend is no more than a proxy to signify at what point claims have been forfeited due to a plaintiff’s failure to pursue all claims against a particular defendant in one suit.”

Source: CourtListener parenthetical corpus (CC0).