· 12/19/1983
Garrett v. Miller Plating Corp. of Ohio Local 81 Union Employees Pension Plan
Citations
- 100 F.R.D. 418
- 1983 U.S. Dist. LEXIS 10663
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that plaintiff acted in bad faith when it withheld known facts from complaint and later moved to amend to either force the defendant to settle or punish the defendant for failing to settle
- finding delay of “only three months” not “extreme” but denying amendment due to “blatant delay, in combination with the showing of plaintiff’s bad faith in submitting the amendment”
- denying leave to amend partly because plaintiff “was fully advised of the facts constituting the amendment prior to filing suit,” and thus, the amendment was made “to secure some ulterior tactical advantage”
- motion to amend complaint denied where delay was blatant, and plaintiff knew of facts constituting basis for amendment prior to filing the action
- “Bad faith amendments are those which may be abusive or made in order to secure some ulterior tactical advantage.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Joiner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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