· 8/22/2018
In re P.T.D.
Citations
- 424 P.3d 619
- 392 Mont. 376
- 2018 MT 206
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defendant may not proffer its own comparators for a plaintiff, but that plaintiffs may choose their own
- citing, inter alia, Parish v. Frazier, 195 F.3d 761, 763-64 (5th Cir.1999) and Material Supply Int’l, Inc. v. Sunmatch Indus. Co., 146 F.3d 983, 991 (D.C.Cir.1998)
- granting defendant’s motion to amend its answer and raise affirmative defenses upon a finding that doing in that case “would not cause unfair surprise or unreasonably broaden the issues”
- finding a nine-month delay as “insufficient grounds to deny a motion to amend”
- “Undue prejudice may be found when an amended pleading would cause unfair surprise to the opposing party, unreasonably broaden the issues, or require additional discovery.”
- “Plaintiffs need to conduct additional discovery is reasonable and regrettable[ ] but is not sufficient justification to cut off [d]e-fendant’s right to assert its affirmative defenses.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baker, McGrath
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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