Judge Refuses to Grant Plaintiff's Motion for Leave to Amend Second Complaint, Dismisses Deceit and Fraud Claims

DALLAS - A Texas woman will not be given a third opportunity to amend her complaint against the manufacturer of Metabolife to ensure that her deceit and fraud claims conform to Federal Rule of Civil Procedure 9(b), a federal judge ruled. Johnson v. Metabolife International, Inc., No. 01-CV-2082-G (N.D. Texas).

U.S. Chief Judge A. Joe Fish granted the manufacturer's motion to dismiss plaintiff Brenda Johnson's deceit and fraud claims and wrote in his Oct. 23 Memorandum Order that the court would 'not engage in the futile gesture of allowing Johnson to substitute one insufficiently-pled claim for another.'

Johnson filed her …