Holding that the duty to liberally construe pro se pleadings does not require the district court "to divine the litigant's intent and create claims that are clearly not raised"
Holding the trial court abused its discretion when it denied the plaintiff's motion to amend the complaint to add state law claims based on the same facts alleged in the initial complaint
Finding the district court abused its discretion in denying leave to amend the answer, where the additional defense would have "provided a complete defense to liability" against one of plaintiff's claims
Holding the right to a jury trial attached to claims brought under the Missouri Human Rights Act because it permitted the recovery of actual and punitive damages even though the statute said the actions should be heard and determined by a judge sitting without a jury
In Pro-Staffers, the Michigan Court of Appeals decided that an employer whose employee was injured by a third-party tortfeasor could not sue the third party for damages in the form of increased worker's compensation premiums and lost profits.
Fed. R. Civ. P. 15 Cited 92,835 times 91 Legal Analyses
Finding 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