Tag Archives: Fed. R. Civ. P. 15(b)

Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit

In Bell v. Albertson Cos., Inc., No. 19-2581 (7th Cir. Dec. 7, 2020), a two-judge panel of the Seventh Circuit (after Judge Barrett’s elevation to the Supreme Court) reverses the district court’s dismissal of unfair business practice claims, but holds that two of the appeals are time-barred under Fed. R. Civ. P 58(c) and Fed.Continue reading “Plaintiffs Run Out 150-Day Fail Safe Limit Under Fed. R. Civ. P. 58(c) to Appeal From MDL, Holds Seventh Circuit”

Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit

In Doe v. Miami-Dade Cnty., No. 19-10254 (11th Cir. Sept. 9, 2020), the Eleventh Circuit affirmed a district court’s decision not to allow two plaintiffs to amend their pleadings at the end of trial to add an unpled “as applied” challenge to a county ordinance which they contended imposed an ex post facto punishment. TheContinue reading “Denial of Leave to Amend Under Fed. R. Civ. P. 15(b) During Trial to Convert Facial Challenge of Ordinance to As-Applied Challenge Upheld by Eleventh Circuit”