Eadie v. Leise Properties, LLC

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The Supreme Court reversed the district court’s dismissal of Plaintiffs’ amended complaint with prejudice for failure to state a claim because amendment to state a claim was plausible. Plaintiffs, the next-door neighbors of a rental house at which a natural gas explosion occurred, injuring Plaintiffs, sued the rental house’s landowner and property manager based upon a negligence theory. The district court dismissed Plaintiffs’ amended complaint with prejudice less than five months after the action commenced, without providing a post response opportunity to amend and based upon a no-duty-owed conclusion. The Supreme Court reversed, holding that that the district court erred in finding that amendment of the complaint would have been futile and thus erred in dismissing the complaint with prejudice. The court remanded the cause with direction to grant the neighbors leave to amend their complaint. View "Eadie v. Leise Properties, LLC" on Justia Law