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Top citers, strongest first. 6 distinct citers.
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discussed
Cited as authority (rule)
Navajo Health Foundation—Sage Memorial Hospital, Inc. v. Kory Razaghi, et al.
Under Rule 15(a), a court 20 should “freely” give leave to amend “when justice so requires,” and in the absence of a reason 21 such as “undue delay, bad faith or dilatory motive of the part of the movant, repeated failure to 22 cure deficiencies by amendment previously allowed, undue prejudice to the opposing party by 23 24 virtue of allowance of the amendment, futility of the amendment, etc.” Foman v. Davis, 371 U.S. 25 178, 182 (1962). 26 III.
discussed
Cited as authority (rule)
Prince Paul Raymond Williams v. Westlake Financial Services, Inc., et al.
“In the absence of . . . undue delay, bad faith or 22 dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments 23 previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, 24 futility of amendment, etc.—the leave sought should . . . be ‘freely given.’” Foman v. Davis, 371 U.S. 25 178, 182 (1962), quoting Fed.
discussed
Cited as authority (rule)
J.C. v. City of Vallejo
Leave to amend should be “freely 21 given” where there is no “undue delay, bad faith or dilatory 22 motive on the part of the movant, . . . undue prejudice to the 23 opposing party by virtue of allowance of the amendment, [or] 24 futility of [the] amendment . . . .” Foman v. Davis, 371 U.S. 25 178, 182 (1962); Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 26 1048, 1052 (9th Cir. 2003) (listing the Foman factors as those 27 to be considered when deciding whether to grant leave to amend). 28 Because Plaintiffs may cure the defects in their Complaint by em EE INE IERIE RII EEO IE EIDE S…
discussed
Cited as authority (rule)
O'Shaughnessy v. United States of America
The Supreme Court has identified several factors courts 21 should consider when deciding whether to grant leave to amend “such as undue delay, bad 22 faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by 23 amendments previously allowed, undue prejudice to the opposing party by virtue of 24 allowance of the amendment, [and] futility of amendment….” Foman v. Davis, 371 U.S. 25 178, 182 (1962). “[T]he general rule that parties are allowed to amend their pleadings does 26 not extend to cases in which any amendment would be an exercise in futility or …
discussed
Cited as authority (rule)
AbCellera Biologics Inc. v. Berkeley Lights, Inc.
(2×)
also: Cited "see"
These factors include “undue 22 delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies 23 by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance 24 of the amendment, [and] futility of amendment.” Id. at 1052 (quoting Foman v. Davis, 371 U.S. 25 178, 182 (1962)). 26 Among these factors, “prejudice to the opposing party [] carries the most weight.” Id.
cited
Cited as authority (rule)
Monterrosa v. City of Vallejo
Foman v. Davis, 371 U.S. 25 178, 182 (1962); Howey v. United States, 481 F.2d 1187, 1190 (9th Cir. 1973); see also Fed.
Retrieving the full opinion text from the archive…
JONES
v.
UNITED STATES.
v.
UNITED STATES.
49, Misc.
Supreme Court of the United States.
Oct 15, 1962.
Per Curiam.
Cited by 2 opinions | Published
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
Petitioner pro se.
Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Kirby W. Patterson for the United States.
PER CURIAM.
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for reconsideration in light of Coppedge v. United States, 369 U. S. 438.