Tenth Circuit· 1/18/2006

Ahmad v. Furlong

Citations

435 F.3d 1196
2006 U.S. App. LEXIS 1098
2006 WL 122454

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).

Judges: Tacha, Holloway, Hartz

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Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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