Cluster 1469158
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· 15 citation events
across 8 courts.
Showing the 12 strongest citers on record
(one row per citing case, strongest signal kept).
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Aromaye v. Wells Fargo Bank, N.A. (2023)
Delay alone is an insufficient basis to deny leave to amend, and delay must be “undue, i.e., it must prejudice the nonmoving party or impos[e] unwarranted burdens on the court.” In re Enron Corp. Securities, Derivative & ERISA Litigation, 610 F. Supp.2d 600, 653 (S.D.
quoting Mayeaux v. Louisiana Health Service and Indemnity Co., 376 F.3d 420, 427 (5th Cir. 2004)
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Williams v. Santander Consumer USA Holding Inc (2022)
Delay alone is an insufficient basis to deny leave to amend, and delay must be “undue, i.e., it must prejudice the nonmoving party or impos[e] unwarranted burdens on the court.” In re Enron Corp. Securities, Derivative & ERISA Litigation, 610 F. Supp.2d 600, 653 (S.D.
quoting Mayeaux v. Louisiana Health Service and Indemnity Co., 376 F.3d 420, 427 (5th Cir. 2004)
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Grimes v. Avis Budget Group Inc (2021)
Delay alone is an insufficient basis to deny leave to amend, and delay must be “undue, i.e., it must prejudice the nonmoving party or impos[e] unwarranted burdens on the court.” In re Enron Corp. Securities, Derivative & ERISA 9 Litigation, 610 F. Supp.2d 600, 653 (S.D.
quoting Mayeaux v. Louisiana Health Service and Indemnity Co., 376 F.3d 420, 427 (5th Cir. 2004)
Delay alone is an insufficient basis to deny leave to amend, and delay must be “undue, i.e., it must prejudice the nonmoving party or impos[e] unwarranted burdens on the court.” In re Enron Corp. Securities, Derivative & ERISA 15 Litigation, 610 F. Supp.2d 600, 653 (S.D.
quoting Mayeaux v. Louisiana Health Service and Indemnity Co., 376 F.3d 420, 427 (5th Cir. 2004)
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Garcia v. Overnight Cleanse LLC (2019)
Delay alone is an insufficient basis to deny leave to amend, and delay must be “undue, i.e., it must prejudice the nonmoving party or impos[e] unwarranted burdens on the court.” In re Enron Corp. Securities, Derivative & ERISA Litigation, 610 F.Supp.2d 600, 653 (S.D.Tex. 2009)(emphasis in original)(quoting Mayeaux v. Louisiana Health Service and Indemnity Co., 376 F.3d 420, 427 (5th Cir. 2004)).
emphasis in original
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Perez v. Denver Fire Department (2017)
“A litigant’s failure to assert a claim as soon as he could have is properly a factor to be considered in deciding whether to grant leave to amend.” In re Enron Corp. Sec., Derivative & ERISA Litig., 610 F.Supp.2d 600, 663 (S.D.
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Securities & Exchange Commission v. Mapp (2017)
Chestman, 947 F.2d at 567 ; In re Enron Corp., 610 F.Supp.2d 600, 649 (S.D.
holding that “unilateral expectations ... do not give rise to ... a duty to disclose”
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W.W. McDonald Land Co. v. EQT Production Co. (2013)
The failure to state a claim “is usually challenged by a motion to dismiss under Rule 12(b)(6), [but] it may also serve as a basis for summary judgment.” In re: Enron Corp. Sec., Derivative & ERISA Litigation, 610 F.Supp.2d 600, 607 (S.D.Tex.2009) (citing Whalen v. Carter, 954 F.2d 1087, 1098 (5th Cir.1992)); Ritter v. Dalton, 129 F.3d 117 (4th Cir.1997) (unpublished) (“[T]he district court properly granted summary judgment for ... failure to state a claim upon which relief …
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Backus v. City of Parkersburg (2013)
In a summary judgment context, the failure to state a claim is the ‘functional equivalent’ of the failure to raise a genuine issue of material fact.’ ” In re Enron Corp. Sec., Derivative & ERISA Litig., 610 F.Supp.2d 600, 607 (S.D.Tex.2009) (citing Whalen v. Carter, 954 F.2d 1087, 1098 (5th Cir.1992)).
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Cohen v. Stevanovich (2010)
In re Enron Corp. Sec., Derivative & ERISA Litig., 610 F.Supp.2d 600, 607 (S.D.Tex. 2009).
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Samuel Giancarlo v. UBS Financial Services (2018)
See Newby v. Enron Corp. (In re Enron Corp. Secs.), 610 F. Supp. 2d 600 (S.D.
See In re Enron Corp. Sec., Derivative & ERISA Litig., 610 F.Supp.2d 600, 607 (S.D.Tex.2009) (“While 'failure to state a claim’ is usually challenged by a motion to dismiss under Rule 12(b)(6), it also may serve as a basis for summary judgment.