· 1/9/2009
Rosenberg v. Gould
Citations
- 554 F.3d 962
- 2009 U.S. App. LEXIS 363
- 2009 WL 50721
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiffs cannot amend their complaint through a response to a motion to dismiss
- concluding that the district court did not abuse its discretion in denying request for leave to amend where the request was merely included in a footnote and did not “describe the substance of [the] proposed amendment”
- confirming that request for leave to amend cannot be included in a footnote in a memo opposing a motion to dismiss
- noting that a restatement of 0.5 percent of revenue in one year and 0.17 percent of revenue in another to be a de minimis change that does not amount to a glaring “red flag”
- affirming dismissal of a backdating case resting solely “ ‘on speculation and conclusory allegations.’ ”
- “ ‘Where a request for leave to file an amended complaint simply is imbedded within an opposition memorandum, the issue has not been raised properly.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Pryor, Strom
Read full opinion on CourtListenerSourced 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.