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· 12/24/2003

Spann v. AOL Time Warner, Inc.

Citations

  • 219 F.R.D. 307
  • 31 Employee Benefits Cas. (BNA) 2883
  • 2003 U.S. Dist. LEXIS 23006
  • 2003 WL 23010137

How courts have described this case

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

  • allowing amendment to complaint because considering evidence beyond the face of the complaint is premature
  • explaining the posture of the case influences the standard by which futility is assessed
  • “By its plain terms, the rule reflects a liberal attitude towards the amendment of pleadings—a liberality consistent with and demanded by the preference for deciding cases on the merits.”
  • “By its plain terms, the rule reflects a liberal attitude towards the amendment of pleadings—a liberality consistent with and demanded by the preference for deciding cases on the merits.”
  • “By its plain terms, the rule reflects a liberal attitude towards the amendment of pleadings—a liberality consistent with and demanded by the preference for deciding cases on the merits.”
  • “For the plaintiffs, futility is measured by the capacity of the amendment to survive a motion to dismiss.” (citing Crestview Vill. Apts. v. U.S. Dep’t of Hous. & Urban Dev., 383 F.3d 552, 558 (7th Cir. 2004

Source: CourtListener parenthetical corpus (CC0).

Judges: Cote

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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.