Behr v. Club Med, Inc.

How courts have described this case

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

• “[A]n agent’s liability is based on the duty which he himself owes to the third person.”
• right to amend to include affirmative defense of statute of limitations upheld, in part because trial had yet to begin
• prejudice, if any, is lessened when defense sought to be added, if upheld, \would eliminate the necessity and expense of a trial\
• in order to maintain a cause of action based on a specific theory of liability, a plaintiff must allege in the complaint all of the essential elements of that theory
• in order to maintain a cause of action based on a specific theory of liability, a plaintiff must allege in the complaint all of the essential elements of that theory”
• lack of requirement of further investigation in relation to amendment eases any resulting prejudice

Source: CourtListener parenthetical corpus (CC0).