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onenote

(46,261 posts)

5. It's not likely to succeed, but it's not completely nonsensical

Reply to Gothmog (Reply #4)

Mon Nov 23, 2020, 08:54 AM

Nov 2020

The district court took two actions: it denied the motion to amend the complaint and then dismissed, with prejudice, the unamended complaint. The appeal focuses on the denial of the motion to amend. If granted, it has the effect of reviving that part of the complaint that was not addressed by the court. At that point, the district court would have to consider the merits (including objections based on standing, etc.) to the amended portion of the complaint.

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Love this analogy about Trump's appeal to the 3rd Circuit [View all] Nevilledog Nov 2020 OP

If the appellate court grants the motion, it's a bit more substantive than font size. Ms. Toad Nov 2020 #1

agreed. Some folks don't seem to understand that the court took two actions onenote Nov 2020 #6

A do over in hopes of getting a do over? Thomas Hurt Nov 2020 #2

Court: "You say Joe sneezed on you and so want me to order Jill's limbs chopped off? No, and struggle4progress Nov 2020 #3

This appeal does not make sense Gothmog Nov 2020 #4

It's not likely to succeed, but it's not completely nonsensical onenote Nov 2020 #5