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· 10/30/1991

Transamerica Commercial Finance Corp. v. Birt

Citations

  • 599 A.2d 65
  • 1991 Me. LEXIS 250

How courts have described this case

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

  • identifying “repeated failure to cure deficiencies by amendment” and “futility” as two of the five factors that “a count considers” “[w]hen deciding whether to grant leave to amend”
  • using an abuse of discretion standard when reviewing a denial of leave to amend under Federal Rule of Civil Procedure 15(a)(2) because that is the Rule 15(a)(2) standard, with- out regard to the denial of the motion for reconsideration
  • using an abuse of discretion standard when reviewing a denial of leave to amend under Federal Rule of Civil Procedure 15(a)(2) because that is the Rule 15(a)(2) standard, with- out regard to the denial of the motion for reconsideration
  • the plaintiff “sat idly by” until after the court ruled against him on the defendant’s second motion to dismiss
  • “A plaintiff has the right to amend his complaint See Woldeab v. Dekalb Cnty. Bd. of Educ, 885 F.3d 1289, 1291 (11th Cir. 2018
  • “[T]he plaintiff must show that curing the label's inadequacies would have altered the prescribing physician's conduct in a way that would have prevented the plaintiff's injury.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clifford, Collins, Glassman, McKusick, Roberts, Wathen

Read full opinion on CourtListener

Sourced 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.