Nancy E. Torry v. Northrop Grumman Corporation

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 claim not alleged in the complaint \was (pre)tried by implied consent of the parties . . . [during] four years of discovery and other pretrial maneuverings\
• holding that a claim not alleged in the complaint “was (pre)tried by implied consent of the parties . . . [during] four years of discovery and other pretrial maneuverings”
• holding that the doctrine of constructive amendment is “otiose,” that is, irrelevant or functionless, because “the ground that it traverses is fully and clearly occupied by Fed. R. Civ. P. 15(b)”
• determining that the parties litigated the claims at issue on appeal by implied consent in the course of the proceedings in the district court
• explaining that parties’ litigation conduct may refine claims pleaded in complaint
• explaining that parties’ litigation conduct may refine claims pleaded in complaint

Source: CourtListener parenthetical corpus (CC0).