Legal Opinion
Castellucci v. United States Fidelity and Guaranty Co.
Massachusetts Supreme Judicial Court
Decided April 4, 1977PublishedCited by 160 opinions
1Opinion of the CourtWilkins, J.
For the first time since the adoption of the Massachusetts Rules of Civil Procedure, we discuss the standards to be applied by a judge in passing on a motion to amend a pleading. Although Mass. R. Civ. P. 15 (a), 365 Mass. 761 (1974), eliminated the once broad discretionary authority of a judge to deny a motion to amend a pleading, in this case the judge was not in error in denying the plaintiff’s motion seeking leave to file a substitute complaint.
Rule 15 (a), the first two sentences of which are set forth in the margin, 1 indicates that motions to amend pleadings should be looked on with…
2Cases cited4 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- The Troxel Manufacturing Company, and Cross-Appellee v. Schwinn Bicycle Company, and Cross-AppellantCourt of Appeals for the Sixth Circuit · 1974
- Mrs. Lois B. Nevels v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1971
- Albee Homes, Inc., and Albee Summit Homes, Inc. v. Meir LutmanCourt of Appeals for the Third Circuit · 1969
3Cited by160 opinions
- Fontaine v. Ebtec Corp.Massachusetts Supreme Judicial Court · 1993
- Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003
- Terrio v. McDONOUGH HARTFORD FIRE INS. CO.Massachusetts Appeals Court · 1983
- Cimino v. Milford Keg, Inc.Massachusetts Supreme Judicial Court · 1982
- First Pennsylvania Mortgage Trust v. Dorchester Savings BankMassachusetts Supreme Judicial Court · 1985
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