Legal Opinion

Hanlon v. Hartford Life & Accident Insurance

Court of Appeals for the Ninth Circuit

Decided November 25, 2003No. 02-35698Published

1Opinion of the Court

MEMORANDUM *

Plaintiff Timothy Hanlon appeals the dismissal of his claim without leave to amend. We conclude that the district court did not err, and we affirm.

A dismissal without leave to amend is proper if “it is clear, upon de novo review, that the complaint could not be saved by any amendment.” McKesson HBOC, Inc. v. New York State Common Ret. Fund, Inc., 339 F.3d 1087, 1090 (9th Cir.2003) (quoting Lee v. City of Los Angeles, 250 F.3d 668, 692 (9th Cir.2001)). However, “[a] district court’s denial of leave to amend is reviewed for abuse of discretion.” Broudo v. Dura Pharm., Inc., 339 F.3d…

2Cases cited8 opinions

  1. Lee v. City Of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
  2. Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc.Court of Appeals for the Ninth Circuit · 1988
  3. Sweaney v. Ada CountyCourt of Appeals for the Ninth Circuit · 1997
  4. United States of America, Exrel., Insoon Lee v. Smithkline Beecham, Inc. Smithkline Beecham Clinical Laboratories Does 1-100Court of Appeals for the Ninth Circuit · 2001
  5. Michael Schmier v. United States Court of Appeals for the Ninth Circuit and Judicial Council of the Ninth CircuitCourt of Appeals for the Ninth Circuit · 2002

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