· 10/15/1998
MacDraw Inc. v. The Cit Group Equipment Financing, Inc., and Richard Johnston
Citations
- 157 F.3d 956
- 41 Fed. R. Serv. 3d 1585
- 1998 U.S. App. LEXIS 26108
- 1998 WL 720858
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “it is intolerable for a litigant, without any factual basis, to suggest that a judge cannot be impartial because of his or her . . . political background”
- affirming dismissal of fraud claim after bench trial where the documentary evidence contradicted and the defendant denied making an alleged false representation
- affirming denial of 15(b) motion where “the proposed reassertion of a breach of contract claim would have been futile”
- affirming the district court’s denial of leave to amend where it was requested after the close of discovery, additional discovery would be required, causing undue prejudice to the defendants, and the delay was unexplained
- “The burden to explain a delay is on the party that seeks leave to amend.”
- “[T]he district court plainly has discretion to deny leave to amend where the motion is made after an inordinate delay, no satisfactory explanation is made for the delay, and the amendment would prejudice the defendant.” (internal quotation marks and citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Cabranes, Parker, Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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