replead

replead

(riːˈpliːd)
vb (intr)
(Law) law to plead again or further
References in periodicals archive ?
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. (91)
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. (59)
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)).