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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.