Neylan v. Moser

How courts have described this case

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

• holding plaintiffs were not negligent in seven-month delay in asserting their counterclaim where nothing in the record suggested the case had even been scheduled for trial when the motion to amend was filed
• party relying on appellate waiver based on acceptance of decree’s benefits must prove waiver was knowing and voluntary
• the substance of a motion, not its label, discloses its character for purpose of court’s ruling
• “[T]he running of a statute of limitations . . . does not deprive the court of jurisdiction.”
• record did not support finding seven-month delay in amending claim was negligent
• “[O]therwise by affirmative defense and motion for summary judgment.”

Source: CourtListener parenthetical corpus (CC0).