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Foman v. Davis
''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)〔(Fed. R. Civ. P. 15 ).〕 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〔''See, e.g.'', (''Gardner v. So. Ry. Sys.'' ), 675 F.2d 949 (7th Cir. 1982).〕 and secondary sources〔6 Wright, Miller & Kane, ''Federal Practice & Procedure'' § 1487 (2d ed. 1990).〕 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 Massachusetts 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.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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