Legal Opinion
United States v. Union Corp.
District Court, E.D. Pennsylvania
Decided June 13, 2000No. CIV.A.80-1589PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM
GILES, Chief Judge.
The question at hand is whether Defendants’ Amended and Restated Counterclaim for'Reformation, filed without leave of court and after dismissal with prejudice of the original reformation counterclaim, now properly is, or should be, before this court. The answer requires consideration of the effect of dismissal on a party’s right to amend a pleading as a matter of course under Fed. R.Civ.P. 15(a), an unresolved issue in the third circuit, and of when a district court should, in its discretion, grant a party leave to amend and to replead a claim. For the reasons…
2Cases cited39 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Agostini v. FeltonSupreme Court of the United States · 1997
- Mrs. Carmella M. Borelli v. City of ReadingCourt of Appeals for the Third Circuit · 1976
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3Cited by6 opinions
- Ruckle v. Anchorage School DistrictAlaska Supreme Court · 2004
- Daniels v. County of Chester, Tax Claims Bureau (In Re Daniels)United States Bankruptcy Court, E.D. Pennsylvania · 2003
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- FEDERAL NATIONAL MORTGAGE ASSOCIATION v. DUBOISDistrict Court, D. New Jersey · 2019
- MRI Software LLC v. University of Minnesota Foundation - Dinnaken Housing, LLCDistrict Court, N.D. Ohio · 2024
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