Motion to Amend

Fruehauf Opinion Illustrates that Despite a Preference to Allow Amendment of Pleadings, Courts Won't Always Allow Amendment

08/10/11

Summary

In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and therefore would not be allowed. Judge Walsh’s opinion is available here (the “Opinion”).

Background

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Fruehauf Opinion Illustrates that Despite a Preference to Allow Amendment of Pleadings, Courts Won't Always Allow Amendment

08/10/11

Summary

In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and therefore would not be allowed. Judge Walsh’s opinion is available here (the “Opinion”).

Background

[more]