· 6/15/2015
Global Technology & Trading, Inc. v. Tech Mahindra Ltd.
Citations
- 789 F.3d 730
- 2015 U.S. App. LEXIS 10057
- 2015 WL 3654239
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- defining \prejudice\ as \a reduction in the plaintiff's ability to meet the defense on the merits\
- no waiver of affirmative defense raised for first time in opening summary judgment brief where defendants had opportunity to respond
- “Several [Seventh Circuit] decisions hold that a district court may (though it need not) permit an untimely affirmative defense, provided the plaintiff does not suffer prejudice from the delay.”
- prejudice in the context of an amended pleading means the ability to meet the claim on the merits due to the passage of time, not the fact that the merits will have to be litigated
- it takes chutzpah to blame others for one’s own failings
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Easterbrook, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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