Foman v. Davis
371 U.S. 178 (1962) Cited 28,549 times 4 Legal AnalysesHolding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Goldstein v. MCI WorldCom
340 F.3d 238 (5th Cir. 2003) Cited 311 timesHolding complaint presenting "what could best be described as allegations of mismanagement," or even "gross mismanagement," failed to allege severe recklessness of any individual
Save Power Ltd. v. Syntek Fin. Corp.
121 F.3d 947 (5th Cir. 1997) Cited 319 times 1 Legal AnalysesHolding that "complete identity of parties is not required for dismissal or transfer of a case filed subsequently to a substantially related action."
In re Norplant Contracep. Prods. Liability Lit.
898 F. Supp. 429 (E.D. Tex. 1995) Cited 34 timesHolding that the proposed amendment was intended to defeat diversity when the plaintiffs had to know the identity of the nondiverse doctor who implanted the allegedly defective contraceptive device before they filed the suit in state court
Earlie v. Jacobs
745 F.2d 342 (5th Cir. 1984) Cited 18 timesDenying leave to amend when the evidence showed leave would delay the trial, prejudice the defendant, and would not add anything of substance to the original allegations
Foster v. Daon Corp.
713 F.2d 148 (5th Cir. 1983) Cited 17 timesApplying now-repealed Texas Uniform Partnership Act
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,230 times 91 Legal AnalysesFinding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint