Epstein Secrets

specific issue of adding a new party, and whether Rule 15 or Rule 21 applies to the addition of a party under the Federal Rules of Civil Procedure, the Fifth Circuit resolved this issue in McLellan,. Mississippi Power & Light Co., 526 F.2d 870 (56' Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir. 1

lan thus rejects the argument made by petitioners that Rule 21 applies because it is more specific. D.E. 310 at 15-16, citin International Broth. of Teamsters'. AFL-CIO 32 F.R.D. 441, 442 (E.D.Mich. 1963). Since it is a precedential decision of the Eleventh Circuit, McLellan is binding authority. Accordin

, which required leave of court. Since leave was not obtained by plaintiff, the district court dismissed the complaint as to the unions. On appeal, the Fifth Circuit posed the question: Which rule takes precedence if a party attempts to drop or add parties by an amended pleading filed before a responsive pleadin

cLellan rejects the argument made by petitioners that Rule 21 applies because it is more specific. D.E. 310 at 15-16, citing International Broth. of Teamsters'. AFL-CIO, 32 F.R.D. 441, 442 (E.D.Mich. 1963). Since it is a precedent decision of the Eleventh Circuit, McLellan is binding authority. Rule 15 go

Lines did not find that a general statement of authority can never meet the APA’s requirements to specify the legal authority for the rule. Instead, the Fifth Circuit held that that portion of the APA is violated when an agency chooses to rely on additional statutory provisions in support of its rule for the first

.’ ”’ Id. at 674-75 (emphasis added) (quoting Radio Officers’ Union v. NLEBB, 347 U.S. 17, 42-43 (1954)). Since the hiring hall agreement at issue in Teamsters 357 “specifically provide[d] that there will be no discrimination * * * because of the presence or absence of union membership,” the Court determined