Dakin v. Taylor-Seidenbach, Inc., et al.

Summary

The United States District Court for the Eastern District of Louisiana grants Robert Dakin’s motion for leave to file a Second Amended and Restated Complaint under Federal Rule of Civil Procedure 15(a)(2). The court finds no substantial reason to deny amendment, concluding that the proposed changes removing an asbestos-related allegation are not futile, unduly delayed, or made in bad faith. The court leaves the effect of the amendment on federal jurisdiction for a forthcoming motion to remand.

Holdings

1. Leave to amend should be granted because justice requires it and no substantial reason exists to deny the motion.
2. The court granted leave without deciding whether the amendment would eliminate or otherwise affect federal subject matter jurisdiction; that issue was reserved for the forthcoming motion to remand.

Questions Presented

1. Whether Dakin should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file a second amended and restated complaint correcting the alleged asbestos-reference error and clarifying his claims.
2. Whether the proposed amendment's potential effect on federal subject matter jurisdiction should prevent leave to amend.

Disposition

other