Justices Skip Adventist Doctor’s Bid to Alter Suit Post-Judgment

Oct. 4, 2021, 1:54 PM UTC

A surgeon in Hawaii failed to convince the U.S. Supreme Court on Monday to review, in a race-bias case, an alleged circuit split on the federal test for allowing plaintiffs to amend pleadings after judgment has been entered in a case.

David E. Henry said the U.S. Court of Appeals for the Ninth Circuit applied the wrong standard when it required him to show he first had a federal judge’s summary judgment ruling vacated before asking for leave to amend. Federal rules foster liberal changes to lawsuits, and the same standard applies both before and after judgment is entered, he ...

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