Topic: dismissal with prejudice and without leave to amend is not … · Go Syfert
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Topic #5119

3 canonical passages across 3 cases, quoted by 66 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Eminence Capital, Llc, and Jay Spechler v. Aspeon, Inc. Richard P. Stack.

#Case FlagCanonical passage Citers
1 Eminence Capital, Llc, and Jay Spechler v. Aspeon, Inc. Richard P. Stack Anchor
ca9 · 2003
green “dismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment.” 42
2 Johnson v. Buckley
ca9 · 2004
green “futility alone can justify the denial of a motion to amend.” 20
3 National Council of La Raza v. Barbara Cegavske
ca9 · 2015
green “in the absence of any apparent or declared reason - such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment,…” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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