Amended Complaints

News & Analysis as of

Notice Period Doesn't Cause 9th Circ. To Pause on ESA

The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered...more

District Court Denies Motion to File Amended Complaint to Add Direct Infringement Claim

Plaintiff Kaneka Corporation ("Plaintiff") filed a patent infringement against SKC Kolon PI, Inc. ("SKPI" or "Defendant") and SKC, Inc. ("SKC America"). After the district court issued a scheduling order setting, among other...more

Amendment of a Petition Denied, Although it May Be Possible

In National Environmental Products Ltd. v. Dri-Steem Corporation, IPR2014-01503, Paper 11 (November 4, 2014), the Board denied the petitioner’s request to file an amended petition. The Board noted that it’s procedures for...more

Fee-Shifting Bylaw Developments In The Courts

Those expecting that the Delaware court, in a case involving Hemispherx, would soon address the as-applied validity of a fee-shifting bylaw may be disappointed. (As discussed in this post and this Cooley Alert, the Delaware...more

No Revival Of Class Claims For Plaintiff Who Delayed Amending His Complaint In Bad Faith

An Illinois federal district court has ruled that a class plaintiff whose motion for class certification was denied may not avoid that outcome by amending his complaint to introduce a new legal theory and revised class...more

Further Developments In Ongoing Reinsurance Dispute

A reinsurance dispute between Guarantee Trust and American Medical has been ongoing for some time; we posted prior updates in March 2011 and July 2013. Most recently, Guarantee Trust filed motions seeking to file a second...more

Second Chance on Motion to Amend

In Volusion, Inc. v. Versata Development Group, Inc., CBM2013-00018, Paper 31 (April 4, 2014), the Board gave the patent owner a rare second chance, allow it to make a second motion to amend correcting some errors in the...more

Petiioner Can Submit Supplemental Information Challenging Additional Claims

In Callidus Software Inc. v. Versata Software, Inc., CBM2013-00052, Paper 26, CBM2013-00053, Paper 21, CBM2013-00054, Paper 24 (March 28, 2014), Petitioner sought to file supplemental information to challenge dependent claims...more

Just Another Word, Please

Decisions Denying Extra Pages - Motion to Amend - Riverbed Technology Inc. v Silver Peak Systems, Inc., IPR2013-00402, Paper 24 (March 27, 2014) [5 extra pages in the Motion to Amend]...more

Blaustein v. Lord Baltimore Capital Corp., No. 272, 2013 (Del. Jan. 21, 2014)

In this opinion, the Supreme Court of the State of Delaware affirmed the Court of Chancery’s denial of plaintiffs’ motion for leave to amend and supplement their complaint to allege a new fiduciary duty claim and a new...more

New Decision Examines the Scope of Constructive Discharge

On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public...more

First Circuit Dismisses FCA Claim For Failure To Plead Fraud With Particularity And Denies Further Amendments Of Complaint

On December 6, 2013, in U.S. ex rel. Helen Ge, M.D. v. Takeda Pharmaceutical Company Limited (No. 13-1088), the First Circuit Court of Appeals affirmed the dismissal of Dr. Helen Ge’s qui tam actions against her former...more

Improper to Enter Dismissal with Prejudice on Motion to Amend Complaint

In this medical malpractice case, the Plaintiff sought to file an Amended Complaint to, in part, add additional Defendants, which were referred to as the “Potential Defendants.” The Potential Defendants, through counsel,...more

Defendant's Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Disclosed Prior Art to Plaintiff But Waited...

Defendant Green Max Distributors, Inc. ("Green Max") filed a motion for leave to amend its invalidity contentions. In the motion, Green Max sought to add photos, publications, and prior-art references to its original...more

Update: Where (and What) is the Harm?

We previously wrote about Judge Buchwald of the Southern District of New York dismissing plaintiffs’ antitrust claims arising from the LIBOR manipulation scandal.Recently, the Court denied plaintiffs’ request to cure the...more

Ninth Circuit Decides Plaintiff May Amend Complaint To Plead That Subsequent Event Caused Loss

As mere mortals, we experience time as proceeding in one direction only. We can move forward in time, but never backwards (at least not yet). To illustrate, suppose there are two events, which I creatively call ”Event A”...more

FTC Charges Payment Processor with ‘Assisting and Facilitating’ Debt Relief Scam

The Federal Trade Commission recently brought an enforcement action against a company that processed credit card payments for the operator of an alleged debt relief telemarketing scam. This action serves as a reminder to...more

Last Minute Amendment By Counsel To Augment Fee Claim Rejected By Court

In Duchrow v. Forrest, 2013 DJAR 5534 (2013) the California Court of Appeal for the Second Appellate District decided a unique fee claim arising in a procedural context. ...more

Reinsurance Redux - March 2013

In This Issue: - New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more

Patton Boggs Reinsurance Newsletter- March 2013: Connecticut Federal Court Grants Cedent's Motion to Amend Complaint Adding...

A Connecticut federal court granted a cedent's motion to amend its complaint in a dispute with its reinsurer. The underlying dispute involves insurance brokers' errors and omissions policies and the settlement of an...more

Patton Boggs Reinsurance Newsletter- March 2013: Connecticut Federal Court Grants Cedent's Motion to Amend Complaint Adding...

A Connecticut federal court granted a cedent's motion to amend its complaint in a dispute with its reinsurer. The underlying dispute involves insurance brokers' errors and omissions policies and the settlement of an...more

Court Reaffirms That Motions To Dismiss Must Be Based On Information Expressly Included In The Complaint

In Mahindra Forgings Ltd. v. Bentler Automotive Corp., 1:12-cv-991 (W.D. Mich. Feb. 1, 2013)(Bell, J.), Bentler moved to dismiss an amended complaint based on expiration of the statute of limitations. Bentler's argument was...more

Policy Observer - January 2013

It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...more

23 Results
|
View per page
Page: of 1