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ARTICLE · 15 MARCH 2024

Motion To Dismiss: When An Amended Complaint Might Not Moot What You Think

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Under Federal Rule of Civil Procedure 15(a)(1), a plaintiff can amend its complaint once as a matter of course within 21 days of serving the original complaint...

United StatesLitigation, Mediation & Arbitration
Lionel Lavenue
Lionel Lavenue
Joseph Myles
Joseph Myles
Michael Nielsen
Michael Nielsen
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Under Federal Rule of Civil Procedure 15(a)(1), a plaintiff can amend its complaint once as a matter of course within 21 days of serving the original complaint, or 21 days after the service of a responsive pleading or a motion under Rule 12(b), (e), or (f). Circuit courts agree on the general rule that an amended complaint ordinarily supersedes the original and renders it of no legal effect.

However, the U.S. Circuit Courts of Appeal are split on the related questions of whether an amended complaint, filed in accordance with Rule 15(a)(1), moots a pending motion to dismiss, and if Rule 15(a)(1) creates a duty to respond to an amended complaint, if a motion to dismiss was pending, when an amended complaint is filed.

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