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I Object! A Blog on Preservation of Error

July 2015

July 15, 2015 8:50 AM | Posted by Cristina Alonso and Zachary D. Ludens | Permalink
Preservation of Error TipsIt is not uncommon for a party to seek leave to amend as an alternative form of relief in response to a motion to dismiss or for summary judgment. But it may not be enough to just say that if the court is inclined to grant the motion to dismiss or for summary judgment, then the court should instead grant leave to amend; rather it may be necessary to specify how the pleading may be amended. If this is not done, an appellate court has no basis for determining whether a lower court abused its discretion in dismissing a claim or affirmative defense without providing leave to amend. A recent decision out of the Eighth Circuit illustrates this point. read more