Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

If the federal court grants a party's motion to dismiss with…

If the federal court grants...
If the federal court grants a party's motion to dismiss with leave to amend, and the amended pleading contains the same or new deficiencies, can the party file a second motion to dismiss?
Show More
Show Less
Ask Your Own Legal Question
Answered in 28 minutes by:
7/8/2017
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 377
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

Ask Your Own Legal Question

Ok so I am gathering that this is a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to allege a cause of action upon which relief can be granted. The simple answer to your question is yes if the amended complaint still fails to meet the hurdle of alleging facts that if assuming they were true would result in a judgment then yes the complaint could still be dismissed upon a second motion to dismiss. If this is the case in your situation I would certainly file such a motion.

Ask Your Own Legal Question

The general rule is that the defendant must show that the plaintiff did not plead “enough facts to state a claim to relief that is plausible” on the face of the complaint.

Ask Your Own Legal Question

If you have any other questions please let me know otherwise just accept my answer and enter a rating. I would love 5 stars. Thanks!

Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 377
Experience: Attorney
Verified
Andrew and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Andrew Your Own Question
Andrew
Andrew
Andrew, Lawyer
Category: Legal
Satisfied Customers: 377
377 Satisfied Customers
Experience: Attorney

Andrew is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Second opinion] I filed a motion for new trial on the 30th
Second opinion] I filed a motion for new trial on the 30th day after the Judge signed the judgment. Client failed to come in to verify the pleading. A few days later I signed an affidavit stating I ha… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I'm a defendant in Montgomery County, PA in an ejectment
I'm a defendant in Montgomery County, PA in an ejectment case about a property that I was doing a rent to own on. The plaintiff's attorney didn't answer any of my questions in the new matter and he fi… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Ray - just received a Notice of Deficiency from the court as
Ray - just received a Notice of Deficiency from the court as I did not check in with you before I sent my Document Request and Interrogatories. I sent the requests to the defense team, but then I file… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
Federal court litigation question. Say that I am the plaintiff
Federal court litigation question. Say that I am the plaintiff in a federal lawsuit and one of my claims gets dismissed. However, soon after the filing of my complaint new evidence arose which if incl… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
, i need to find any case law where a timely filed
, i need to find any case law where a timely filed amendment to cure a deficiency of the pleadings was struck by the court because the pro se plaintiff did not "motion ." Motions to strike are conside… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
In Colorado United States District Court, how and when can
In Colorado United States District Court, how and when can I file an amended complaint? The defendant has already file their motion to dismiss and I need to respond by next week. In the amended compla… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
FILING/DOCKET QUESTION. In a civil action, a motion for leave
FILING/DOCKET QUESTION. In a civil action, a motion for leave to file a 2nd amended complaint was served to defendant, a notice of hearing was filed for that motion and for another motion of defendant… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
I have a rather complicated situation and I need procedural
I need procedural help (from an expert in Massachusetts). Here it is: 1. We filed a complaint. 2. The defendant sent us a motion to dismiss 3. We filed the First Amended Complaint directly in court (M… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Ray, I asked this question a while back in perhaps the wrong
Ray, I asked this question a while back in perhaps the wrong light and didn't get a conclusion from it, so let me try again with you this time. When a Florida State Court Civil action of 6 figure dama… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
I amended a response to a Complaint, by filing a complete new
I amended a response to a Complaint, by filing a complete new response with same answers, some amended affirmative defenses and amended counterclaims. The Plaintiff did a motion to strike, I objected … read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I am the Plaintiff in an 8th Circuit Federal case. I named
I am the Plaintiff in an 8th Circuit Federal case. I named and served a defendant who responded by saying that I named and served the wrong defendant, and told me who the correct defendant is. I motio… read more
writehelp
writehelp
58 satisfied customers
This question is for PaulMDThe defendant has been trying
This question is for PaulMD The defendant has been trying to dismiss my complaint. I filed "First Amended Complaint Defendant filed a Motion to dismiss first amended compant. I filed a reply in respon… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Hello- I have an active Federal lawsuit - I asked for
Hello- I have an active Federal lawsuit - I asked for LEAVE to Amend my RESPONSE to DEFENDANTS Motion to Dismiss based upon new Discovery information I received - The Court granted my above Motion to … read more
Attorney 1
Attorney 1
2,703 satisfied customers
Hello, you have been helping me... I thought I had 21-days
Hello, you have been helping me... I thought I had 21-days to respond to a Motion to Dismiss, BUT- I just read the Local Rules and I only have 14-days to respond, which is in 1 more day!!!!! You have … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
Hello, My QUESTION is I need to file a SIMPLE lawsuit
Hello, My QUESTION is: I need to file a SIMPLE lawsuit baised upon a letter I received from the Office of the Comptroller (OCC) granting me the right to sue under a federal statute - HOW can I file a … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I would like to know how soon after filing a complaint one
I would like to know how soon after filing a complaint one can make discovery requests? a) when no responsive pleading has been filed b) after a Rule 12(b)(6) motion to dismiss c) soonest possible oth… read more
writehelp
writehelp
58 satisfied customers
MESSED UP! Filed a Notice of Removal from State Court TITLE
MESSED UP! Filed a Notice of Removal from State Court TITLE 42 Section 1983 and a Counter Complaint in State Court..the Notice of Removal was placed on the record first and then the counter complant..… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
as pro se litigant making motion for reconsideration, the ...
as pro se litigant making motion for reconsideration, the objections were sustained, and my motion denied. However ruling did not state without leave to amend. I interpreted that CRC 3.1320 applied an… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
14 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x