· 3/15/1994
Federal Deposit Insurance Corporation v. Richard Prusia, Federal Deposit Insurance Corporation v. Richard Prusia
Citations
- 18 F.3d 637
- 28 Fed. R. Serv. 3d 454
- 1994 U.S. App. LEXIS 4528
- 1994 WL 75751
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 “mere fact that a party may have prepared a summary judgment motion in reliance on an opposing party's erroneous admission does not constitute ‘prejudice’ such as will preclude grant of a motion to withdraw admissions
- holding that the “mere fact that a party may have prepared a summary judgment motion in reliance on an opposing party’s erroneous admission does not constitute ‘prejudice’ such as will preclude grant of a motion to withdraw admissions”
- concluding lack of good cause for failing to meet deadline to respond to admissions, while probative, should not be the dispositive factor
- stating that “courts are particularly responsive to allowing late answers to requests for admission when summary judgment is involved.”
- directing courts to consider the effect upon the litigation and prejudice to the resisting party “rather than focusing on the moving party’s excuses for erroneous admission”
- asking whether “the record demonstrates that the ‘admitted’ facts are contrary to the actual facts”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bowman, Bright, Wollman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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