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· 1/25/1904

Pennsylvania R. Co. v. Palmer

Citations

  • 127 F. 956
  • 62 C.C.A. 588
  • 1904 U.S. App. LEXIS 3854

How courts have described this case

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

  • explaining that futility may prevent amendment “when the claim would not withstand a motion to dismiss for failure to state a claim upon which relief can be granted”
  • considering a plaintiff's motion to amend to add defendants and allegations based on newly discovered evidence under Rule 15(a)(2)
  • setting aside entries of default where the court found plaintiff’s claims meritless against the appearing defendants and the same claims were made against the defaulting defendants
  • “Streambend’s proposed addition of a claim for punitive damages is futile.”
  • “Futility determinations utilize the Twombly ‘plausibility’ standard under Rule 12(b)(6).”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coxe, Lacombe, Townsend

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.