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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)

Citation
Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)
Parent Document
Head v. Jellico Housing Authority, 870 F.2d 1117 (1989)
Effective Date
1989-03-27

Other Sections in This Document (72)

Full Text

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59
[T]he decision as to when 'justice requires' an amendment is within the discretion of the trial judge, and we review the decision under an abuse of discretion standard. In addition, it is well settled law that the district court may deny a motion to amend if the court concludes that the pleading as amended could not withstand a motion to dismiss. However, when a district court bases its decision solely on a legal conclusion that the amended pleading would not withstand a motion to dismiss, this court must review the legal conclusion de novo. Whether an abuse of discretion occurred in such a case depends in whole upon the correctness of the district court's predicate legal conclusion.