Ahmad v. Furlong

How courts have described this case

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

• holding that district court erred by precluding defendant from constructively amending through briefing on summary judgment to add an affirmative defense
• ruling that failure to plead qualified immunity in answer was not fatal to party who raised the defense in a motion for summary judgment
• holding that a defendant may raise an affirmative defense for the first time in a summary judgment motion if the delayed assertion did not prejudice the plaintiff
• concluding that a defendant may raise an affirmative defense for the first time in a motion for summary judgment, thereby constructively amending its answer, when the plaintiff will suffer no prejudice
• recognizing the impropriety of “a court’s resolving a contractual ambiguity contrary to the intent of both contracting parties.”
• holding that district court may deny constructive amendment of answer due to “undue delay, bad faith, or dilatory motive,” but “strict adherence to the [Rule 8(c)] pleading requirement is inappropriate” when the plaintiff is not unfairly prejudiced

Source: CourtListener parenthetical corpus (CC0).