Legal Opinion
Claude Whitaker v. City of Houston, Texas
Court of Appeals for the Fifth Circuit
Decided June 26, 1992No. 91-2642PublishedCited by 85 opinions
1Opinion of the Court
WIENER, Circuit Judge:
In this procedurally tangled case, Plaintiff-Appellant Claude Whitaker complains that the district court abused its discretion in denying on grounds of undue delay his motion to amend his previously dismissed complaint. We adopt the rule enunciated by the Eleventh Circuit in Czeremcha v. Intern. Ass’n of Mach. & Aero. Workers, 1 that, unless the dismissal order of the district court expressly states or clearly indicates the court’s intention to dismiss the action, a plaintiff may seek leave to amend under Fed.R.Civ.P. 15(a), even though the complaint has been dismissed.…
2Cases cited21 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Catlin v. United StatesSupreme Court of the United States · 1945
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Gregory v. MitchellCourt of Appeals for the Fifth Circuit · 1981
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3Cited by85 opinions
- Baker v. PutnalCourt of Appeals for the Fifth Circuit · 1996
- Rosenzweig v. Azurix Corp.Court of Appeals for the Fifth Circuit · 2003
- Smith v. EMC CorporationCourt of Appeals for the Fifth Circuit · 2004
- Larson v. ScottCourt of Appeals for the Fifth Circuit · 1998
- Michael P. Lewis v. David M. Fresne Lowell Farkas Robert A. Young Rosenfeld, Bernstein & Tannenhauser LLP Eric P. RosenfeldCourt of Appeals for the Fifth Circuit · 2001
80 more not listed; retrieve them via the Exa API.