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Comments for Can I file dual lawsuits against the same company?

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A complicated case
by: Legal Eagles

Your situation sounds complicated. You can still request permission for leave to amend your complaint. Information gained from discovery is customarily used not only as evidence but as grounds to file an amended complaint. That would be your first and best bet, and add your state claims onto the federal complaint as pendent state law causes of action.

Fed. R. Civ. P. 15 (a)(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

One simply files the motion seeking leave to file an amended complaint under this rule of course a copy of the proposed amended pleading should be attached, once the motion is granted, remove the word "proposed" and file the Amended complaint. It would be titled a "Plaintiff's First Amended Complaint" or "Second Amended complaint" and so on. The "should freely grant leave when justice so requires" clause is interpreted liberally by the federal courts.

Basically, one can amend when justice requires as in the case of the person posing the question. As to pendent state claims, that is normal pleading practice allowable under 28 USC Section 1367, See also this law review article: http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1598&context=mulr

Basically, if a fed court has original jurisdiction, it can exercise "supplemental" jurisdiction over a related state claim. For example, one brings a claim in fed court for a violation of the FDCPA and there is a local state law giving a civil claim for illegal debt collection practices the pleader can cite both the FDCPA violation in one Count, and the state claim in another Count. Discovery proceeds as usual even over the state claim.


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