· 10/19/2006
Santamarina, Guiller v. Sears Roebuck
Citations
- 466 F.3d 570
- 2006 U.S. App. LEXIS 25861
- 2006 WL 2979396
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that transferee judge was permitted to reconsider order denying remand by transferor judge
- finding relation back to initial complaint when there was identity of parties, claims, and “the same general set of facts [were] alleged”
- reconsideration of an interlocutory order must be for a “compelling reason” that makes it clear the prior ruling was issued in error
- “But [Rule 60(b)], by its terms limited to ‘final’ judgments or orders, is inapplicable to interlocutory orders.” (citations omitted)
- \The criterion of relation back is whether the original complaint gave the defendant enough notice of the nature and scope of the plaintiff's claim that he shouldn't have been surprised by the amplification of the allegations of the original complaint in the amended one.\
- “The criterion of relation back is whether the original complaint gave the defendant enough notice of the nature and scope of the plaintiff’s claim that he shouldn’t have been surprised by the amplification of the allegations of the original complaint in the amended one.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Easterbrook, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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