Legal Opinion
Richardson Greenshields Securities, Inc. v. Mui-Hin Lau, Ho Sih Fong, Kau-Ying Lau, Ying Lup Lau, and Wai Yau Chi
Court of Appeals for the Second Circuit
Decided July 30, 1987No. 19-1305PublishedCited by 236 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Defendants appeal from Judge Kram's denial of their motion for leave to file an amended answer asserting counterclaims against plaintiff and third-party claims against four of plaintiffs former employees. The denial of that motion to amend a pleading is not appealable in the circumstances of this case. We treat the attempted appeal as a motion for leave to file a petition for a writ of mandamus, however, and grant the motion if Judge Kram refuses on remand to permit the amendment of the answer.
The issue before us concerns the practice of some district judges to require…
2Cases cited23 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- Fed. Sec. L. Rep. P 98,005 State Teachers Retirement Board v. Fluor Corporation and Manufacturers Hanover Trust Company, DefendantsCourt of Appeals for the Second Circuit · 1981
- Frank Howey v. United States of America, and Third-Party v. Radio Corporation of America, Third-Party v. Universal Services, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1973
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3Cited by236 opinions
- Julia Karen Eisemann v. Miriam Greene, M.D.Court of Appeals for the Second Circuit · 2000
- Schonberger v. SerchukDistrict Court, S.D. New York · 1990
- Agerbrink v. Model Service LLCDistrict Court, S.D. New York · 2016
- Hong Mai Sa v. DoeCourt of Appeals for the Second Circuit · 2005
- Aetna Casualty And Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
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