Q: Dismissed for Failure to State a Claim for Which Relief Can be Granted any amendment of the Complaint would be futile
The case was dismissed without prejudice. Does this mean that on appeal an amendment of the Complaint would not be possible?
A: "Without prejudice" means you can refile the case with a new complaint. Amendments of a complaint are not permitted at the appellate level. The fact that the dismissal was on grounds of futility makes it less likely new case would withstand a 12(b)(6) motion to dismiss.
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