· 11/12/1998
Lachonne Bell v. Allstate Life Insurance Company Sears Roebuck & Company
Citations
- 160 F.3d 452
- 42 Fed. R. Serv. 3d 234
- 1998 U.S. App. LEXIS 28361
- 1998 WL 784063
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “when late tendered amendments involve new theories of recovery and impose additional discovery requirements, courts are less likely to find an abuse of discretion [for denying a motion to amend] due to the prejudice involved.”
- stating that district court has discretion to require moving party to compensate opposing party for expenses incurred as result of allowing amendment
- stating that delay alone is insufficient justification and that prejudice to the nonmovant must also be shown
- noting that “[a]ny prejudice to the nonmovant must be weighed against the prejudice to the moving party by not allowing amendment”
- stating that district court has discretion -5- to require moving party to compensate opposing party for expenses incurred as result of allowing amendment
- holding risk of prejudice resulting from late pleading amendments which imposed additional discovery requirements justified denial of motion to amend
Source: CourtListener parenthetical corpus (CC0).
Judges: Hansen, Arnold, Panner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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