The Impact Of 2009 Amendments To Rule 15

Law360, New York (January 11, 2010, 1:27 PM EST) -- Amendments to Rule 15 of the Federal Rules of Civil Procedure took effect Dec. 1, 2009, and with them came new opportunities for plaintiffs hoping to defeat removal to federal court.

The amendments to Rule 15 — governing amended and supplemental pleadings — significantly change pleading amendment practice by permitting a plaintiff to amend “as a matter of course” even after the defendant has served “a responsive pleading.” Fed. R. Civ. P. 15(a)(b) (Dec. 1, 2009).

Prior to the Rule 15 amendments, a defendant could cut...
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