State of Maine v. Merrill Kimball

How courts have described this case

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

• “Rich has already been afforded two opportunities to amend and is unable to 26 show that the district court's order constitutes ‘gross abuse.’” (citation omitted)
• after “two opportunities to amend,” the district court has “wide discretion in granting or refusing leave to amend” (internal quotation marks and citations omitted)
• “[W]e agree with our sister circuits that have determined that the paramount consideration is whether the primary purpose of the plan is to provide deferred compensation or other retirement benefits.”
• “[Wjhen the district court has already afforded a plaintiff an opportunity to amend the complaint, it has wide discretion in granting or refusing leave to amend after the first amendment ... ”
• first quoting Heay v. Phillips, 201 24 F.2d 220, 222 (9th Cir. 1952) (alteration included); and then quoting Allen v. City of 25 Beverly Hills, 911 F.2d 367, 373 (9th Cir. 1990)

Source: CourtListener parenthetical corpus (CC0).