Category Archives: Courses

The relationship between fairness, finality, and flexibilty

Early in litigation (pleadings stage: Rules 12 & 15) FLEXIBILITY FAIRNESS FINALITY Early in litigation, courts tend to be flexible, favoring amendment over finality. Non-merits dismissals (such as lack of PJ or SMJ) typically do not bar refiling. Even when dismissing on the merits under Rule 12(b)(6), courts generally dismiss without prejudice or give leave to amend (at […]

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