Topic: leave to amend may be denied on grounds of futility if the … · Go Syfert
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Topic #7852

3 canonical passages across 3 cases, quoted by 63 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 AEP Energy Services Gas Holding Co. v. Bank of America, N.A..

#Case FlagCanonical passage Citers
1 AEP Energy Services Gas Holding Co. v. Bank of America, N.A. Anchor
ca2 · 2010
green “leave to amend may be denied on grounds of futility if the proposed amendment fails to state a legally cognizable claim or fails to raise triable issues of fact.” 46
2 Agerbrink v. Model Service LLC
nysd · 2016
green “to determine whether a proposed pleading is futile, courts analyze whether it would withstand a motion to dismiss.” 12
3 Equal Employment Opportunity Commission v. Morgan Stanley & Co.
nysd · 2002
green “whether the amendment will require the opposing party to expend significant resources in discovery and whether resolution of the dispute will be delayed.” 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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