Lessons For Defendants Facing Motions To Amend

Law360, New York (June 26, 2012, 1:06 PM EDT) -- As most companies have experienced after filing a motion to dismiss — or after the court gives an indication that the pleadings may be insufficient — plaintiffs routinely seek leave to amend their complaints.

In the federal courts, Federal Rule of Civil Procedure 15 governs amended pleadings. Defendants opposing a motion to amend have to overcome Rule 15’s oft-quoted language that when leave to amend is sought, “[t]he court should freely give leave when justice so requires.”

Of course, defendants have various well-established exceptions to rely...
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