· 12/21/1962
United States v. Wiesenfeld Warehouse Co.
Citations
- 217 F. Supp. 638
- 1962 U.S. Dist. LEXIS 3079
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding Plaintiffs could not raise additional theories of 11 liability in an opposition to a motion to dismiss and instead 12 had to file a motion for leave to amend if they wanted to pursue 13 those claims
- “Raising a completely new theory of 26 liability . . . in a brief in opposition to a motion to dismiss does not grant [d]efendant 27 fair notice of [p]laintiffs’ claim or the grounds upon which it rests.”
- “Raising a completely new theory of liability, with only attenuated connection to the complaint, in a brief in opposition to a motion to dismiss” is improper and can only be accomplished after requesting leave to file an amended complaint
Source: CourtListener parenthetical corpus (CC0).
Judges: Simpson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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