Topic: where the party seeking amendment knows or should have know… · Go Syfert
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Topic #5255

5 canonical passages across 4 cases, quoted by 64 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 Las Vegas Ice And Cold Storage Company v. Far West Bank.

#Case FlagCanonical passage Citers
1 Las Vegas Ice And Cold Storage Company v. Far West Bank Anchor
ca10 · 1990
green “where the party seeking amendment knows or should have known of the facts upon which the proposed amendment is based but fails to include them in the original complaint, the motion to amend is subject to denial.” 29
2 Palllottino v. City Of Rio Rancho
ca10 · 1994
green “was not based on new evidence unavailable at the time of the original filing” 10
3 In re Thornburg Mortgage, Inc. Securities Litigation
nmd · 2010
green “as amended, would be subject to dismissal.” 10
4 In re Thornburg Mortgage, Inc. Securities Litigation
nmd · 2010
green “upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, or failure to cure deficiencies by amendments previously allowed.” 10
5 Joseph Viernow v. Euripides Development Corporation
ca1 · 1998
green “prejudice to the opposing party need not also be shown.” 5

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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