Foman v. Davis
Encyclopedia
Foman v. Davis, 371 U.S. 178
(1962), was a case in which the Supreme Court of the United States
interpreted Fed. R. Civ. P.
15(a) to require that federal courts grant a party leave to amend a pleading absent special circumstances such as bad faith or prejudice to the opposing party. It has been recognized by both other courts and secondary sources as a leading decision on the interpretation of Rule 15(a).
to recover what would have been her intestate share
of her father's estate, that is, the amount she would have gotten had he not executed a will, as he allegedly promised.
Davis moved to dismiss the case, arguing that, under Massachusetts law, an oral promise not to execute a will was within the statute of frauds
and thus unenforceable. The district court agreed and dismissed the case. Foman appealed the judgment to the First Circuit
. Soon after appealing, though, Foman moved the district court for an order vacating the judgment and granting her leave to amend her complaint
to assert a new cause of action for quantum meruit
. The district court denied these motions, and Foman appealed this denial to the First Circuit. On appeal, the First Circuit held that it was unable to consider the merits of the case because Foman moved to vacate the judgment subsequent to her first appeal, meaning the judgment was not "final." The First Circuit then upheld the district court's denial of Foman's motions to vacate the judgment and amend her complaint. The Supreme Court agreed to review the case
.
, writing for the Court, began by holding that the First Circuit was wrong to find that it could not consider the merits of the case because Foman moved to vacate the judgment after filing her initial appeal. Instead, the First Circuit should have considered the merits at the same time as the motions to vacate and amend.
The Court then turned to the First Circuit's denial of Foman's motion to amend her complaint. Under Rule 15(a), federal courts "should freely give leave [to amend] when justice so requires." In the Court's view, this meant that the standard for granting leave to amend was quite liberal: only in very limited circumstances would a denial of leave to amend be justified. Specifically, the Court found that undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by previous amendment, prejudice to the opposing party, and futility of amendment would support a denial. Absent such special circumstances, it would be an abuse of discretion for a court to deny leave to amend. The Court granted Foman's motion to amend her complaint and remanded the case to the First Circuit for proceedings consistent with its opinion.
, writing for himself and Justice White
, issued a two-sentence opinion concurring in part and dissenting in part. Harlan agreed that the First Circuit should have considered the merits of Foman's case, but he believed the question of whether Foman should have been allowed to amend her complaint was best left to the lower courts.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1962), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
interpreted Fed. R. Civ. P.
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
15(a) to require that federal courts grant a party leave to amend a pleading absent special circumstances such as bad faith or prejudice to the opposing party. It has been recognized by both other courts and secondary sources as a leading decision on the interpretation of Rule 15(a).
Background
Foman's father allegedly promised her he would not execute a will in exchange for Foman caring for her mother until her mother's death. After her mother died, Foman's father married Davis, and, contrary to the alleged promise, executed a will leaving his entire estate to Davis. Following her father's death, Foman filed suit against Davis in the District of MassachusettsUnited States District Court for the District of Massachusetts
The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
to recover what would have been her intestate share
Intestacy
Intestacy is the condition of the estate of a person who dies owning property greater than the sum of their enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of...
of her father's estate, that is, the amount she would have gotten had he not executed a will, as he allegedly promised.
Davis moved to dismiss the case, arguing that, under Massachusetts law, an oral promise not to execute a will was within the statute of frauds
Statute of frauds
The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract....
and thus unenforceable. The district court agreed and dismissed the case. Foman appealed the judgment to the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
. Soon after appealing, though, Foman moved the district court for an order vacating the judgment and granting her leave to amend her complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
to assert a new cause of action for quantum meruit
Quantum meruit
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services".In the United States, the elements of quantum meruit are determined by state common law...
. The district court denied these motions, and Foman appealed this denial to the First Circuit. On appeal, the First Circuit held that it was unable to consider the merits of the case because Foman moved to vacate the judgment subsequent to her first appeal, meaning the judgment was not "final." The First Circuit then upheld the district court's denial of Foman's motions to vacate the judgment and amend her complaint. The Supreme Court agreed to review the case
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Opinion of the Court
Justice GoldbergArthur Goldberg
Arthur Joseph Goldberg was an American statesman and jurist who served as the U.S. Secretary of Labor, Supreme Court Justice and Ambassador to the United Nations.-Early life:...
, writing for the Court, began by holding that the First Circuit was wrong to find that it could not consider the merits of the case because Foman moved to vacate the judgment after filing her initial appeal. Instead, the First Circuit should have considered the merits at the same time as the motions to vacate and amend.
The Court then turned to the First Circuit's denial of Foman's motion to amend her complaint. Under Rule 15(a), federal courts "should freely give leave [to amend] when justice so requires." In the Court's view, this meant that the standard for granting leave to amend was quite liberal: only in very limited circumstances would a denial of leave to amend be justified. Specifically, the Court found that undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by previous amendment, prejudice to the opposing party, and futility of amendment would support a denial. Absent such special circumstances, it would be an abuse of discretion for a court to deny leave to amend. The Court granted Foman's motion to amend her complaint and remanded the case to the First Circuit for proceedings consistent with its opinion.
Concurrence/Dissent
The second Justice HarlanJohn Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
, writing for himself and Justice White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, issued a two-sentence opinion concurring in part and dissenting in part. Harlan agreed that the First Circuit should have considered the merits of Foman's case, but he believed the question of whether Foman should have been allowed to amend her complaint was best left to the lower courts.