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Judith Frei, et al. v. Taro Pharmaceuticals (USA) Inc.

Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1208 · judgment April 20, 2021

Certiorari denied · January 10, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether, consistent with Due Process and Federal Rule of Civil Procedure 15, a court has discretion to dismiss a plaintiff’s complaint under Federal Rule of Civil Procedure 8(a) without leave to replead when a plaintiff has not had an opportunity to replead to address the court’s concerns, absent a finding that there is “good reason” for not allowing the plaintiff to replead?

Counsel of record

For petitioner
Edward Kirksey Wood Jr.
Wood Law Firm, LLC

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Oct 29 2021
    Petition for a writ of certiorari filed. (Response due December 3, 2021)
    PetitionAppendixCertificate of Word CountProof of Service