Court of Appeals overturns Judge's refusal to allow plaintiff to amend complaint
Joseph Alessi and three others sued the Caraco Pharmaceutical Laboratories, apparently alleged the breach of a fiduciary duty. The Wayne County trial judge summarily dismissed the plaintiffs' claim and denied them the opportunity to file an amended complaint. The Court of Appeals overturned in a very succinct opinion, noting that under Michigan rules, "leave to appeal shall be freely given" and "the Court shall give the parties an opportunity to amend their pleadings." The appellate judges also noted that a prior case directly on point had previously been decided in the plaintiff's favor.