Barney's Club, Inc. v. National Labor Relations Board

How courts have described this case

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

• finding prejudice in part because withdrawal could \greatly delay the trial of this matter\
• the burden on the Rule 36(b)’s first element rests on the party moving to withdraw the admissions
• the burden on the Rule 36(b)’s first element rests on the party moving to withdraw the admissions
• “The decision whether to permit the withdrawal of admissions is a discretionary one.” (citing Bergemann v. United States, 820 F.2d 1117, 1121 (10th Cir.1987))
• court may allow amendment or withdrawal of admission when admission is no longer true because of changed circumstances or when through honest error a party has made improvident admission
• under Rule 36, “party’s reliance on admissions in preparing for trial may constitute prejudice, and allowing the withdrawal of admissions on the eve of trial could unfairly disrupt trial preparations”

Source: CourtListener parenthetical corpus (CC0).