Legal Opinion

Brewer v. Air Products and Chemicals, Inc.

District Court, W.D. Kentucky

Decided November 22, 2023No. 5:23-cv-00123Unknown

1Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION VERNA BREWER PLAINTIFF v. NO. 5:23-CV-123-BJB AIR PRODUCTS AND CHEMICALS, INC. DEFENDANT OPINION & ORDER Federal Rule of Civil Procedure 15(a)(2) allows a plaintiff to amend a complaint with “the opposing party’s written consent or the court’s leave,” which typically is “freely give[n].” Either party consent or judicial approval suffices. Rule 21, meanwhile, doesn’t mention consent and requires leave of the court if a plaintiff seeks to add a new party: “On motion or on its own, the court may at any time, on just…

2Cases cited5 opinions

  1. Galustian v. PeterCourt of Appeals for the Fourth Circuit · 2010
  2. McLellan v. Mississippi Power & Light Co.Court of Appeals for the Fifth Circuit · 1976
  3. Ed Miniat, Inc. v. Globe Life Insurance Group, Inc.Court of Appeals for the Seventh Circuit · 1986
  4. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. American Federation of LaborDistrict Court, E.D. Michigan · 1963
  5. Peguese v. PNC Bank, N.A.District Court, E.D. Michigan · 2015

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