context: Leave to amend will not be granted. "Though leave to amend should be freely given in the interest of justice, Fed.R.Civ.P. 15(a), the motion is committed to the district court's sound discretion." "The court may deny leave to amend, among other reasons, on the basis of the futility of the amendment."
citation_a.signal: no signal
citation_a.identifier: 371 U.S. 178, 182
citation_a.parenthetical: other reasons include undue delay, bad faith or dilatory motive, and undue prejudice to opposing party
citation_a.sentence: Id. (citing Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (other reasons include undue delay, bad faith or dilatory motive, and undue prejudice to opposing party); Averbach v. Rival Mfg. Co., 879 F.2d 1196, 1203 (3d Cir.1989)); see also Shane v. Fauver, 213 F.3d 113, 115 (3d Cir.2000) (“ ‘Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted.”). “An amendment is futile if the amended complaint cannot withstand a motion to dismiss.” Id. at 954; see also Shane, 213 F.3d at 115 (“In assessing ‘futility,’ the District Court applies the same standard of legal sufficiency as applies under Rule 12(b)(6).
citation_b.signal: see also
citation_b.identifier: 213 F.3d 115, 115
citation_b.parenthetical: "In assessing 'futility,' the District Court applies the same standard of legal sufficiency as applies under Rule 12(b)(6
citation_b.sentence: Id. (citing Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (other reasons include undue delay, bad faith or dilatory motive, and undue prejudice to opposing party); Averbach v. Rival Mfg. Co., 879 F.2d 1196, 1203 (3d Cir.1989)); see also Shane v. Fauver, 213 F.3d 113, 115 (3d Cir.2000) (“ ‘Futility means that the complaint, as amended, would fail to state a claim upon which relief could be granted.”). “An amendment is futile if the amended complaint cannot withstand a motion to dismiss.” Id. at 954; see also Shane, 213 F.3d at 115 (“In assessing ‘futility,’ the District Court applies the same standard of legal sufficiency as applies under Rule 12(b)(6).