· 8/20/2003
Richard M. Yuhasz v. Brush Wellman, Inc.
Citations
- 341 F.3d 559
- 20 I.E.R. Cas. (BNA) 585
- 57 Fed. R. Serv. 3d 342
- 2003 U.S. App. LEXIS 17036
- 2003 WL 21976038
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the complaint at issue did not comply with Rule 9(b) inasmuch as it failed to “identify specific parties, contracts, or fraudulent acts”
- holding that leave to amend may be denied where the amendment would be futile
- stating that 13 “employees charged with investigating potential fraud are not automatically 14 precluded from bringing a Section 3730(h
- stating that the purpose of a motion 52 to dismiss “is to enable the defendants to challenge the legal sufficiency of complaints without subjecting themselves to discovery”
- explaining that “leave to amend may be denied where the amendment would be futile”
- finding that, notwithstanding the party’s argument that he could not obtain certain information needed to plead a claim with particularity absent discovery, “there is no general right to discovery upon filing of the complaint”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Gilman, Gibbons
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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