999, a Corporation, Plaintiff/appellee/cross-Appellant v. C.I.T. Corporation, a Corporation, Defendant/appellant/cross-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the denial of a motion to withdraw or amend an admission under the substantially identical Fed. R. Civ. P. 36(b) is reviewed for abuse of discretion
• noting that mitigation of damages is properly considered as an affirmative defense subject to waiver
• affirming refusal to allow evidence at trial to con- tradict Rule 36 admission
• finding prejudice when the motion was not made until the middle of trial when 999 had nearly rested its ease and the record revealed that 999 had relied heavily on the admission and had even shown the admission to the jury
• prejudice shown when 4 Fed. R. Civ. P. 36(b) motion was made in the middle of trial when the opposing party had relied 5 heavily on the admissions at trial

Source: CourtListener parenthetical corpus (CC0).