Bethany Pharmacal Company, Incorporated v. Qvc, Incorporated

How courts have described this case

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

• explaining that courts \need not allow an amendment\ under Federal Rule of Civil Procedure 15 \when the amendment would be futile\
• denying motion to amend as futile because filed the same day as response to summary judgment motion
• finding undue delay where plaintiff waited until after close of discovery and filing of summary judgment motion to seek amendment with same factual basis as another claim
• “[A]llowing [plaintiff] to add [a new claim] would have re- quired additional delays in the resolution of the case to allow [defendant] to respond to a new theory of liability. We do not require a district court to tolerate such delays.”
• “An amendment is futile if the added claim would not survive a motion for summary judgment.”
• denial of amendment proper where plaintiff “has offered no explanation for waiting until it was faced with a summary judgment motion before attempting to add its promissory estoppel claim”

Source: CourtListener parenthetical corpus (CC0).