Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss?
MultiRegion, United States of America
The following excerpt is from Treiber v. Aspen Dental Mgmt., Inc., No. 15-1506-cv (2nd Cir. 2016):
We identify no error in the district court's denial of leave to amend. Plaintiffs, who had already once amended their pleadings after defendants filed motions to dismiss, failed to show how amendment could have demonstrated a cognizable injury sufficient to support Article III standing. Thus, any further amendment would have been futile. See TechnoMarine SA v. Giftports, Inc., 758 F.3d at 505-06.
3. Conclusion
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