· 12/14/1990
Elizabeth Dole, Secretary of Labor v. Arco Chemical Company and Occupational Safety and Health Review Commission
Citations
- 921 F.2d 484
- 18 Fed. R. Serv. 3d 546
- 1991 CCH OSHD 29,173
- 14 OSHC (BNA) 1937
- 1990 U.S. App. LEXIS 21564
- 1990 WL 200644
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff’s claims of prejudice due to the possibility of some additional discovery and the need to redraft a motion for summary judgment were insufficient to deny leave to amend
- noting that nonmoving party must demonstrate that “its ability to present its case would be seriously impaired were amendment allowed”
- holding that the administrative law judge had abused his discretion by failing to allow amendment of the complaint and noting that the rule allowing liberal amendment of pleadings “ensures that a particular claim will be decided on the merits rather than on technicalities.”
- noting that leave to amend should be granted freely in order to “ensure that a particular claim will be decided on the merits rather than on technicalities.”
- noting that “[t]he mere fact that a summary judgment motion will need to be revised does not, without more, establish that prejudice will result from permitting the plaintiff to amend”
- observing that Rule 15(a) “embodies a liberal approach to amendment . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mansmann, Cowen, Alito
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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