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· 4/26/2012

Equal Employment Opportunity Commission v. Service Temps Inc.

Citations

  • 679 F.3d 323
  • 26 Am. Disabilities Cas. (BNA) 129
  • 82 Fed. R. Serv. 3d 428
  • 2012 WL 1435575
  • 2012 U.S. App. LEXIS 8506

How courts have described this case

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

  • holding that Rule 9(c) “requires that a party must deny the occurrence or performance of a condition precedent, with particularity, in the operative pleadings”
  • holding that because injunctive relief is presumptively appropriate once a violation of Title VII is proven, “we need not address [the defendant’s argument] that there was an ‘absence of any evidence’ to support the EEOC’s request for injunctive relief”
  • noting that the defendants’ knowledge of the relevant facts “accents [their] inability to explain the delay”
  • affirming that the district court had acted within its discretion in denying leave to amend because the plaintiff’s “reasonable suspicion” of a potential claim “accent[ed] [the plaintiff’s] inability to explain the delay” in asking for leave to amend
  • explaining that when a party moving to amend the scheduling order “does not address the good cause standard under Rule 16(b)(4), this court typically denies the motion for that reason alone”
  • affirming a district court’s determination that the defendant’s failure to account for its delay was dispositive, outweighing the other three factors

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Smith, Higginson

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.