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· 2/2/1998

Mitzner v. Commissioner of Social Security

Citations

  • 991 F. Supp. 682
  • 1998 U.S. Dist. LEXIS 910
  • 1998 WL 45302

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • refusing to allow defendant to amend its answer to include an exhaustion defense because of an \apparent lack of merit\ of that defense
  • “If the plaintiff’s theory is ultimately supported with evidence, a jury could conclude that the defendant was unjustly enriched no matter what the particular facts of the individual borrower’s case (subject, of course, to individual determinations of liability and defenses
  • allowing multi-state class certification of unjust enrichment claims
  • “Courts are especially inclined to deny a motion brought under Rule 15 if the moving party knew the facts on which the claim or defense sought to be added were based at the time the original pleading was filed and there is no excuse for his failure to plead them.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.