(DOWNLOAD) "Lockett v. General Finance Loan Co." by Fifth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Lockett v. General Finance Loan Co.
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 15, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Lloyd Mae Lockett (referred to as Lockett or as Plaintiff) brought this class action, naming as named defendants General Finance Corporation of Louisiana and several other subsidiary corporations of a common parent corporation (the subsidiary corporations referred to collectively as Subsidiary), alleging that Subsidiary was the alter ego of its parent corporation (referred to as Parent) whose name was unknown and, therefore, unstated, referring to the several subsidiaries and the Parent as defendants, and specifically reserving the right to amend the complaint to name the Parent. During the course of the litigation Lockett filed a ""Motion to Determine Status of Parent and/or Amend Complaint,"" seeking an order declaring that Parent was the alter ego of Subsidiary or in the alternative seeking leave to amend the complaint to add Parent as a party defendant. The district court denied the motion and entered a judgment holding that Parent had not been made a party and that service on Subsidiary was not service on Parent, and refusing to permit plaintiff to amend the complaint to add Parent as a party defendant. The district court entered the appropriate certificate under Rule 54(b) F.R.Civ.P. Lockett appealed. We reverse. We first address the issue of whether the district court's order, denying Lockett's motion to amend her complaint to add Parent as a party defendant, is appealable.1 The district court's Rule 54(b) certificate makes the order appealable, notwithstanding the fact that the order is a determination of the claim against only one party, leaving unresolved claims against other parties. However, even the Rule 54(b) certificate would not perfect appealability if the order were not a final determination of the claim against Parent. Professor Moore explains Rule 54(b) as follows:
 "Lockett v. General Finance Loan Co." by Fifth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free){kind=link}