amended complaint


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amended complaint

n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court. Complaints are amended to correct facts, add new causes of action (bases for the lawsuit), substitute discovered names for persons sued as Does, or to properly plead a cause of action (the legal basis for suing) after the court has found the complaint inadequate. (See: amend, complaint, cause of action, demurrer)

References in periodicals archive ?
But in its amended complaint, R2 argues that the postal service's refusal to leave amounts to an "unlawful taking" of the property by eminent domain.
"In this case, it is clear from the amended complaint that Eaton has not stated a plausible claim for a First Amendment violation.
As Hall's amended complaint only alleges that he was owed a duty of care based on his status as an invitee, and as he fails to demonstrate that he was, in fact, an invitee, the amended complaint fails to state a cause of action upon which relief can be granted.
The Second Circuit noted that the amended complaint, liberally construed, identifies discrete defendants and actions taken by the defendants that purportedly violated the plaintiff's Eighth Amendment rights.
The day after Christmas, Roach filed the amended complaint through its attorney, David Wilson of Friday Eldredge & Clark of Little Rock.
A first judge ruled that Dielectrics wasn't an employer and couldn't be sued for retaliation but allowed Bermudez 20 days to file an amended complaint for wrongful termination in violation of public policy.
"DEED and Greater MSP have together refused to produce the data for public review, and to disclose the full details of the arrangement between them," the amended complaint states.
The court gave SCE&G the optionto file an amended complaint by today at 3 p.m., and parent company SCANA said the utility intended to do so.
08-97450, 6 pages), the panel affirmed the Michigan Court of Claims' denial of plaintiff's motion to file an amended complaint to substitute a fish and seafood allergy as the alleged disability underlying her claim asserting violation of the Persons with Disabilities Civil Rights Act (PWDCRA).<br />"The Court of Claims denied plaintiff's motion for leave to amend, holding both that it was the product of undue delay and that the proposed amendment was futile," according to the appeals court opinion.<br />The April 10 unpublished per curiam opinion was issued by Judges Michael F.
Former State Procurement Office administrator Ashoke Seth filed an amended complaint over his ouster from the Dept of Administration with the state Personnel Board on Monday, claiming that he was fired in retaliation for a letter to the agency's leadership alleging age discrimination by a top official there.
In allowing the plaintiffs to forge ahead against Family Dollar, the 4th Circuit's majority found that the proposed amended complaint's allegations of uniform corporate policies and of high-level corporate decision-making are substantively different from those that the Supreme Court held insufficient in Wal-Mart.
Georgetown University's Institute for Constitutional Advocacy and Protection and Civil Rights Corps joined an amended complaint filed in Tulsa.