· 6/26/1981
Ellis M. Hurn v. Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southerncalifornia
Citations
- 648 F.2d 1252
- 108 L.R.R.M. (BNA) 2094
- 2 Employee Benefits Cas. (BNA) 1622
- 31 Fed. R. Serv. 2d 1433
- 1981 U.S. App. LEXIS 11975
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding, where operative facts remained the same, non-moving party should 3 still be fully prepared to litigate, and therefore suffered no prejudice
- \The delay [a]ffected by permitting an amendment to the complaint cannot alone justify the denial of leave to amend.\
- plaintiff wished to amend in order to allege claim under different statute
- “The Supreme Court has instructed the 25 lower federal courts to heed carefully the command of rule 15(a) [] by freely granting 26 leave to amend when justice so requires.”
- “‘[T]he Supreme Court 27 has instructed the lower federal courts to heed carefully the command of Rule 15(a) … by 28 freely granting leave to amend when justice so requires.’”
- undue delay insufficient ground for 24 denying leave to amend where there is a lack of prejudice and amended complaint is 25 obviously not frivolous or made as a dilatory maneuver
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibson, Sneed, Tang
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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