Not Futile, Not With Prejudice

McLemore v. Lumen Technologies held that the district court abused its discretion by dismissing a securities complaint with prejudice, without explaining why amendment would be futile, emphasizing that the default practice is dismissal without prejudice or liberal leave to amend. Specifically, the Court noted that Rule 15(a)(2) “evinces a bias in favor of granting leave to amend,” and that an initial Rule 12(b)(6) dismissal should ordinarily be without prejudice unless it is clear the defects are incurable. The Court declined to opine on the merits of the securities claims. No. 25-30264; Jan. 30, 2026.