PESATURO v. Kinne

How courts have described this case

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

• distinguishing between the opportunity to correct deficiencies in original claims and pleading a new cause of action
• following Ivancic v. Olmstead - alleged defect in tree must be readily observable; visible; apparent; patent
• distinguishing between the “opportunity to correct perceived deficiencies in [a plaintiff’s] original claims” pursuant to ERG, and substantive amendments, which “[a] court need only allow . . . when necessary to prevent injustice”
• “[B]efore dismissing a writ for failure to state a cause of action, the trial court must give the plaintiff an opportunity to amend the writ to correct its perceived deficiencies.”

Source: CourtListener parenthetical corpus (CC0).