Amended Complaint Nullifies Original In 3rd Circ.

Law360, New York (April 11, 2013, 4:59 PM EDT) -- On April 4, the U.S. Court of Appeals for the Third Circuit clarified the law on how an amended pleading affects judicial admissions made in an original pleading. Judicial admissions are formal concessions that are binding on a party that makes them in a judicial proceeding. Factual allegations made by litigants in their pleadings are binding judicial admissions on those litigants.

In West Run Student Housing Associates LLC v. Huntington National Bank (3d Cir. Apr. 4, 2013), the Third Circuit held that factual allegations made in...
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