Nuevos Destinos, LLC v. Peck, No. 20-1748 (8th Cir. 2021)Annotate this Case
The Eighth Circuit affirmed the district court's denial of appellants' motion to amend their complaint and dismissal of their state law claims against various U.S. and Peruvian defendants. Appellants' claims stemmed from business arrangements with defendants for the purchase and export of Peruvian agricultural products.
Looking to the totality of the circumstances, the court declined to exercise its discretion to permit appellants to amend their complaint on appeal. The court explained that this case presents the unusual circumstance in which appellants not only failed to plead diversity jurisdiction in their complaint but also made no attempt to amend their complaint to do so—in spite of defendants' jurisdictional challenges and the district court's decision not to exercise supplemental jurisdiction over the remaining state law claims. Therefore, this case does not involve merely a technical pleading error. Rather, appellants seek to amend entirely the jurisdictional basis for their remaining state law claims—in addition to dropping their two civil RICO claims and 15 of 21 defendants—for the first time on appeal. The court concluded that permitting appellants to amend their defective pleadings this late in the game would be unfair to defendants.