Pinski v. Adelman

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Plaintiffs seek to file a “Second Amendment to the Amended Complaint,” asserting vicarious liability by various insurance companies under the Illinois Consumer Fraud Act on the basis of the apparent or actual authority of defendant Adelman as their agent. The proposed amendments do explicitly so allege, and if this were the initial pleading we would hesitate to dismiss it. This pleading is, however, an amendment arising in the context of this court’s prior rulings and we believe that we can and should deny the motion to amend if it is apparent…