• June 29, 2010
Moving to amend a complaint to add parties is increasingly tricky these days, and, as District of Minnesota U.S. Mag. Judge Erickson’s recent order (here) highlights, plaintiffs delay or put off moving to amend at their peril.
Having elected not to conduct any formal discovery when it was available to it, Linamar has abjectly failed to demonstrate the slightest showing of good cause for recycling this case back to its infancy.
The almost universally invoked language in the federal rules and related cases that leave to amend “shall be freely given” is perhaps one of the more misleading guideposts for civil litigators.  Don’t forget the qualifier, “when justice so requires.”

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