Given the liberality of the federal rules governing amended pleadings
, in most actions, only the most obstinate plaintiffs will fail to comply with the court's demands.
2d at 717 ("On an application, pursuant to CPLR 3211(e), for leave to serve an amended pleading
, it is incumbent on a party applying for such relief not only to submit a proposed pleading supplying deficiencies in pleading but also evidence, by affidavit that could properly be considered upon a motion for summary judgment, which satisfies the Court that the moving party has good ground to support the cause of action.
2008) (stating "[o]nce an amended pleading
is interposed, the original pleading no longer performs any function in the case").
The dissenting judge found that the plaintiffs' amended pleading
required an answer.
However, he agreed that "a correct interpretation of 1295(a)(1) limits the Federal Circuit's exclusive jurisdiction to those cases in which the patent claim is alleged in either the original complaint or an amended pleading
filed by the plaintiff.
For example, recently I was preparing to argue against a defense motion to strike parts of my amended pleading
in a lawsuit.
The accident occurred June 4, 1988, and the amended pleading
adding State Farm as a defendant was not filed until August 3, 1990.
In response to the amended pleading
, the defendants filed another round of motions to dismiss, including a motion by DISYS that the pleading did not sufficiently allege an employment relationship for purposes of the claims presented.
Reinke, Jr, the second district was faced with a content issue that took Kingbrook a step further: "[I]s a motion that substantively seeks only leave to file an amended pleading
, yet requests the relief that the matter be reinstated following a dismissal with prejudice, sufficiently directed against the judgment to come within the ambit of section 2-1203(a) of the Code?
If the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading
, motion, order, or other paper from which it may first be ascertained that the case is one which is or has become removable.
1966), the court continued by stating that when a claim arises out of the same act on which the original pleading was filed, the amended pleading
will not be regarded as a new cause of action.