Commercial Litigation and Arbitration

Post-Judgment Amendment of Complaint

From In re Assicurazioni Generali, S.P.A., 2010 U.S. App. LEXIS 953 (2d Cir. Feb. 9, 2010):

The filing of an amended complaint is not permissible once a judgment is entered unless the judgment is set aside or vacated pursuant to Rule 59 of the Federal Rules of Civil Procedure. Nat'l Petrochemical Co. of Iran v. M/T Stolt Sheaf, 930 F.2d 240, 244 (2d Cir. 1991). A district court's denial of a Rule 59 motion to alter or amend a judgment is reviewed for abuse of discretion. See State Trading Corp. of India, Ltd. v. Assuranceforeningen Skuld, 921 F.2d 409, 418 (2d Cir. 1990). When the plaintiff had the opportunity to amend the complaint earlier but waited until after judgment, a court may "exercise its discretion more exactingly." Id. Generally, district courts will only amend or alter a judgment pursuant to Rule 59 "to correct a clear error of law or prevent manifest injustice." Munafo v. Metro. Transp. Auth., 381 F.3d 99, 105 (2d Cir. 2004) (internal quotation marks omitted).

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