No. 21-654

Judith Frei, et al. v. Taro Pharmaceuticals (USA) Inc.

Lower Court: Second Circuit
Docketed: 2021-11-03
Status: Denied
Type: Paid
Tags: civil-procedure complaint-dismissal dismissal due-process federal-rules federal-rules-of-civil-procedure judicial-discretion pleading pleading-standards standing
Key Terms:
DueProcess FifthAmendment Jurisdiction
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether a court has discretion to dismiss a plaintiff's complaint without leave to replead

Question Presented (OCR Extract)

QUESTION PRESENTED Whether, consistent with Due Process and Federal Rule of Civil Procedure 15, a court has discretion to dismiss a plaintiff's complaint under Federal Rule of Civil Procedure 8(a) without leave to replead when a plaintiff has not had an opportunity to replead to address the court’s concerns, absent a finding that there is “good reason” for not allowing the plaintiff to replead?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-10-29
Petition for a writ of certiorari filed. (Response due December 3, 2021)

Attorneys

Judith Frei, et al.
Edward Kirksey Wood Jr.Wood Law Firm, LLC, Petitioner
Edward Kirksey Wood Jr.Wood Law Firm, LLC, Petitioner