Our client was able to replead
to a misdemeanor, thereby removing the conviction as a basis for his deportation from the United States and allowing him to apply for cancellation of removal.
Davis said Friday the city anticipated the case would continue even if Blake sided with the defendants.<br />"We knew that even if the court granted the motion the EEOC would have an opportunity to replead
the case and add allegations to cure any deficit," Davis said, adding that affirmative defenses can rarely be used to dismiss a case at the pleading stage.<br />"We thought this might be one of those rare cases," he said.
The judge gave Terry 30 days to replead
. Terry instead moved for reconsideration, citing Rule 59(e) of the Federal Rules of Civil Procedure.
Eve said the plaintiffs may try to replead
three claims, including one alleging Zillow invades privacy for posting their homes on its website without permission, Reuters reported.
markets." (90) The district court dismissed the plaintiffs' complaint without leave to replead
Hill, however, never sought leave to replead
her Amended Complaint from the District Court.
The Court did allow Aquino to replead
for the breach of contract count in his suit.
The court should not reopen the record to admit additional evidence, given that the case has already proceeded through trial, judgment and appeal, nor should the parties replead
what happens to plaintiffs given the opportunity to replead
are significantly disadvantaged as they must replead
, reargue, and
Rather, courts are giving plaintiffs a chance to replead
. A study published by the Washington College of Law at American University showed that the percentage of motions to dismiss that were granted with leave to amend "increased from 6 percent under Conley to 9 percent under Twombly to 19 percent under Iqbal."
2009) (granting plaintiffs leave to replead
procedural due process claim if they could allege as a factual matter that parole appeals were "governed by an unofficial policy or practice that effectively eliminates the possibility of parole for prisoners serving indeterminate sentences based on 'stale and static factor[s]'" (alteration in original) (quoting Hayward, 512 F.3d at 546-47)).