PENNSYLVANIA – The plaintiff filed a motion for leave to file an amended complaint, after the court granted Ford and AT&T’s motions to dismiss. Ford argued that the motion should be denied because there was no new exposure information. The court denied the motion without prejudice because the plaintiff failed to adhere to longstanding Third Circuit rule that a motion to amend must contain a draft of the amended complaint so that the court can determine if the amendment is futile. Since the plaintiff failed to attach a draft of the amended complaint to the motion, it was denied without prejudice.
Read the case decision here.