Robbins v. Jordan
United States Court of Appeals for the District of Columbia Circuit
181 F.2d 793 (1950)
The Robbinses (plaintiffs) sued Dr. Jordan (defendant) for malpractice related to childbirth, alleging in their pleadings that Jordan held himself out as well-qualified to treat women's disorders and diseases. At trial, the judge ruled that allegation wasn't enough to let the Robbinses argue Jordan had held himself out as an obstetrician owing a heightened duty of care, and refused their request to amend the complaint to add that theory, worried it would prejudice Jordan's defense. After the Robbinses presented their case, the judge entered a directed verdict for Jordan, and the Robbinses appealed.
Whether, under Federal Rule of Civil Procedure 15(b), a plaintiff may amend the pleadings when the amendment changes the theory of the case.