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

amend their petition. "Although the district court should err on the side of allowing amendment, leave to amend should not be given automatically." Chitimachia Tribe of Louisiana Harry L. Laws Co 690 F.2d 1157, 1163 (5th Cir. 1982), citin Addington'. Farmer's Elevator Mut. Ins. Co., 650 F.2d 663, 666 (5th Cir.

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 I. Mississippi Power & Light Co., 526 F.2d 870 (5th Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir.

amend their petition. "Although the district court should err on the side of allowing amendment, leave to amend should not be given automatically." Chitimachia Tribe of Louisiana I. Harry I. Laws Co., 690 1 Jane Doe No. 3, who seeks to be added as a party, also wasted little time in utilizing the non- prosecution

, 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

amend their petition. "Although the district court should err on the side of allowing amendment, leave to amend should not be given automatically." Chitimachia Tribe of Louisiana I. Harry L. Laws Co., Inc., 690 F.2d 1157, 1163 (5'1' Cir. 1982), citing Addington I. Farmer's Elevator Mutual Insurance maC ., 650 F.