Plaintiff's Motion to Add Doctors as Defendants Ruled 'Futile'
July 26, 2002
DOCUMENTS
- Opinion
NEW ORLEANS-U.S. District Judge Eldon E. Fallon denied a plaintiff's motion to add three physicians as defendants in a federal Propulsid products liability lawsuit claiming the action was 'futile.' In re Propulsid Products Liability Litigation, MDL No. 1355 (E.D. La.).
In his June 27 decision, Judge Fallon noted in Wimm v. Jack Eckerd Corp., 3 F.3d 137, 139 (5th Cir. 1993) that although the policy for amending complaints is 'liberal,' factors such as 'undue delay, bad faith, or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendment previously allowed, undue prejudice to the opposing …
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