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· 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 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.