Brooks v. Warden

1 Citing brief

  1. Windamir Development, Inc. v. Greenheart Construction, Inc. et al

    REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Against Greenheart's Counter-Claim

    Filed October 24, 2016

    “A district court's ‘denial of leave to amend is justified by futility when the complaint as amended is still subject to dismissal.’” Brooks v. Warden, 800 F.3d. 1295, 1300 (2015), citing Hall v. United Ins. Co. of Am., 367 F.3d 1255, 1263 (11th Cir.2004) quoting Burger King Corp. v. Weaver, 169 F.3d 1310, 1320 (11th Cir.1999). Here, as noted above, Greenheart has provided what it proposes to add in any amended counter-claim in support of its damages and proximate cause argument, and such “allegations” are not sufficient to avoid dismissal on this indispensable element of Greenheart’s claims.