Legal Opinion

Smith v. EMC Corporation

Court of Appeals for the Fifth Circuit

Decided December 10, 2004No. 03-10979PublishedCited by 448 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

Appellant George Michael Smith sued his employer, EMC Corporation (“EMC”), for breach of contract. Smith now appeals the district court’s denial qf three motions: for leave to amend his complaint to include a fraud claim; for attorney’s fees; and for leave to amend his complaint to include a Massachusetts Wage Act claim. Because the district court did not abuse its discretion in denying each of Smith’s motions, we AFFIRM.

I. FACTS AND PROCEEDINGS

Smith worked for EMC as a commissioned salesman of technology products from 1994 through" 2002. Smith’s annual…

2Cases cited27 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. DeSantis v. Wackenhut Corp.Texas Supreme Court · 1990
  3. Rosenzweig v. Azurix Corp.Court of Appeals for the Fifth Circuit · 2003
  4. Mayeaux v. Louisiana Health Service & Indemnity Co.Court of Appeals for the Fifth Circuit · 2004
  5. The Chitimacha Tribe of Louisiana v. Harry L. Laws Company, Inc.Court of Appeals for the Fifth Circuit · 1982

22 more not listed; retrieve them via the Exa API.

3Cited by448 opinions

  1. Maria Pena v. City of Rio Grande City, TexaCourt of Appeals for the Fifth Circuit · 2018
  2. Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.District Court, N.D. Texas · 2014
  3. Lozano v. Ocwen Federal Bank, FSBCourt of Appeals for the Fifth Circuit · 2007
  4. Waldron v. Adams & Reese, L.L.P. (In Re American International Refinery, Inc.)Court of Appeals for the Fifth Circuit · 2012
  5. SGK Properties, L.L.C. v. U.S. Bank National Ass'nCourt of Appeals for the Fifth Circuit · 2018

443 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API