Fumbled request to replead

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 10, 2021 11:06 AM

You think you drafted a solid complaint. A motion to dismiss prompts second thoughts. There are problems, perhaps fatal. But based on additional research, you believe an amended pleading can plug the leaks. So you ask for permission to replead. Sounds simple. Should be routine. Yet the relator in a recent qui tam case fumbled the amendment procedure when the Illinois Attorney General intervened and moved to dismiss the litigation.Someone on the relator’s legal team apparently thought that including the request to amend in …

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