· 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
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.