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· 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

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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.