· 7/30/1973
Frank Howey v. United States of America, and Third-Party v. Radio Corporation of America, Third-Party v. Universal Services, Inc., Third-Party
Citations
- 481 F.2d 1187
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “the crucial factor is the resulting prejudice to the opposing 10 party”
- noting that a court considers several factors such as 3 undue delay, bad faith, futility of amendment, and prejudice to the opposing party when 4 || determining the propriety of a motion for leave to amend
- finding no prejudice 6 where Defendant participated in discovery and the amendment presented “similar” 7 issues
- holding district court abused its 17 discretion in denying motion for leave to amend that was “made five years after the 18 [operative] complaint had been filed” because the court knew “of no case where delay 19 alone was deemed sufficient grounds to deny a Rule 15(a
- granting leave to amend five 7 years after the complaint was filed
- “Unless undue 21 prejudice to the opposing party will result, a trial judge should ordinarily permit a party to amend 22 its complaint.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Browning, Duniway
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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