Legal Opinion · Dissent
Summit Office Park, Inc. v. United States Steel Corp.
Court of Appeals for the Fifth Circuit
Decided March 19, 1981No. 79-2094Published
1DissentWisdom, Circuit Judge
The Court’s holding, as stated in the majority opinion, is that “where a plaintiff never had standing to assert a claim against the defendants, it does not have standing to amend the complaint and control the litigation by substituting new plaintiffs, a new class, and a new cause of action”. This superficially persuasive argument rests on the conceptual — more accurately, the metaphysical — notion that “[sjince there was no plaintiff before the court with a valid cause of action, there was no proper party available to amend the complaint”. The logic of this ruling would forbid the addition of…
2Cases cited29 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Milliken v. MeyerSupreme Court of the United States · 1941
- In Re Beef Industry Antitrust Litigation, Mdl Docket No. 248. Pony Creek Cattle Co., Inc., Musselman Ranch Co., Etc., Plaintiffs-Intervenors-Appellants v. The Great Atlantic & Pacific Tea Co., R. Dirk Agee v. Safeway Stores, Inc., Meat Price Investigators Association, Etc. v. Safeway Stores, Inc., Richard S. Lowe v. Safeway Stores, Inc., A. L. Black v. Albertson's, Inc., (Two Cases). Chaparral Cattle Corp. v. Safeway Stores, Inc., Burke Petersen v. Safeway Stores, Inc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., John O. Varian v. Safeway Stores, Inc., Meat Price Investigators Association v. Safeway Stores, Inc., Etc., Little Ranch Co., Inc. v. The National Association of Food Chains, Etc., Ronald Becker, on Behalf of Themselves and All Other Persons Similarlysituated v. Safeway Stores, Inc., Etc.Court of Appeals for the Fifth Circuit · 1979
- James H. McLellan v. Mississippi Power & Light Company, International Brotherhood of Electricalworkers, Local 605 Electrical WorkersCourt of Appeals for the Fifth Circuit · 1977
- Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
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