Legal Opinion
United States Ex Rel. D'Agostino v. EV3, Inc.
Court of Appeals for the First Circuit
Decided September 30, 2015No. 14-2145PPublishedCited by 87 opinions
1Opinion of the Court
SELYA, Circuit Judge.
Plaintiff-appellant Jeffrey D’Agostino (the relator) challenges both the dismissal of his qui tarn action and the antecedent denial of leave to further amend his complaint. For obvious reasons, we consider the second challenge first. That challenge rests in part on a novel interpretation of the 2009 amendments to Rule 15 of the Federal Rules of Civil Procedure. While we reject that novel interpretation, we nonetheless conclude that the district court appraised the relator’s request for leave to amend under the wrong legal standard. Consequently, we vacate the judgment…
2Cases cited17 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Palmer v. Champion MortgageCourt of Appeals for the First Circuit · 2006
- Trans-Spec Truck Service, Inc. v. Caterpillar Inc.Court of Appeals for the First Circuit · 2008
- Waste Management Holdings, Inc. v. MowbrayCourt of Appeals for the First Circuit · 2000
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3Cited by87 opinions
- United States Ex Rel. Gadbois v. PharMerica Corp.Court of Appeals for the First Circuit · 2015
- Miceli v. JetBlue Airways Corp.Court of Appeals for the First Circuit · 2019
- D'Agostino v. EV3, Inc.Court of Appeals for the First Circuit · 2016
- O'Brien v. Town of BellinghamCourt of Appeals for the First Circuit · 2019
- Delgado-Caraballo v. Hospital Pavia Hato Rey, Inc.Court of Appeals for the First Circuit · 2018
82 more not listed; retrieve them via the Exa API.