· 6/22/1981
Fed. Sec. L. Rep. P 98,005 State Teachers Retirement Board v. Fluor Corporation and Manufacturers Hanover Trust Company, Defendants
Citations
- 654 F.2d 843
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that plaintiff's delay of approximately six months in requesting to amend after filing complaint was not unduly long
- stating that there was insufficient prejudice where the defendant had not filed for summary judgment, a trial date had not been set, and the amendment would not involve a great deal of additional discovery
- finding that amendment of the complaint would not unduly prejudice the defendant because “no trial date had been set by the court and no motion for summary judgment had yet been filed”
- holding district court abused discretion in not allowing amendment where no trial date had been set, no motion for summary judgment motion had been filed, and the proposed amendment would not involve “a great deal of additional discovery”
- holding that the district court abused its discretion in denying plaintiff leave to amend, where allowing the amendment, although causing delay, would not unduly prejudice the defendants as the amendment did not come on the eve of trial and would not result in new problems of proof
- finding that amendment would not cause undue prejudice because the “amended claim was obviously one of the objects of discovery and related closely to the original claim” and no trial date had been set
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Mansfield, Meskill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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