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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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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.