Foman v. Davis
1962 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Foman v. Davis, 371 U.S. 178 (1962),[1] was a case in which the Supreme Court of the United States interpreted Fed. R. Civ. P. 15(a)[2] to require that federal courts grant a party leave to amend a pleading absent special circumstances such as bad faith or prejudice to the opposing party. It has been recognized by both other courts[3] and secondary sources[4] as a leading decision on the interpretation of Rule 15(a).
Quick Facts Foman v. Davis, Argued November 14, 1962 Decided December 3, 1962 ...
Foman v. Davis | |
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Argued November 14, 1962 Decided December 3, 1962 | |
Full case name | Lenore Foman v. Elvira A. Davis |
Citations | 371 U.S. 178 (more) 83 S. Ct. 227; 9 L. Ed. 2d 222; 1962 U.S. LEXIS 65 |
Case history | |
Prior | Judgment affirmed and motions to vacate the judgment and amend the complaint denied by the First Circuit, 292 F.2d 85 (1st Cir. 1961); cert. granted, 368 U.S. 951 (1962) |
Subsequent | Judgment reversed by the First Circuit, 316 F.2d 254 (1963) |
Holding | |
Rule 15(a) of the Federal Rules of Civil Procedure requires courts to grant a party leave to amend a pleading except in limited circumstances. | |
Court membership | |
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Case opinions | |
Majority | Goldberg, joined by Warren, Black, Douglas, Clark, Brennan, Stewart |
Concur/dissent | Harlan, joined by White |
Laws applied | |
Fed. R. Civ. P. 15(a) |
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