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Law360 Publishes Article on Amended Complaints by Beth Sher and Lisa Gonzalo

Publisher: Law360
April 11, 2013
Day Pitney Author(s) Elizabeth J. Sher

Partner Beth Sher and associate Lisa Gonzalo's article outlining the Third Circuit's clarification of how amended pleadings affect an original pleading's judicial admissions was published April 11 in Law360. The court found that the amended pleading nullifies the original complaint. Beth and Lisa write: "The court's ruling serves as a reminder of the advisability of amending pleadings, where permitted by the federal rules, when errors are discovered. Failure to do so could bind a party to such erroneous factual allegations, rendering them judicial admissions that could result in dismissal of the claim. As always, a defendant moving for dismissal of a complaint should be aware that the motion may provide a road map to a plaintiff as to how to immunize its claims against dismissal."

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