Legal Opinion
Elf Atochem North America, Inc. v. United States
District Court, E.D. Pennsylvania
Decided May 3, 1995No. Civ.A. Nos. 92-7458, 94-0662PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM
JOYNER, District Judge.
Witco Corporation seeks leave of this Court to Amend its Answer to the United States’s Complaint in 94-0662 in order to assert a sixteenth affirmative defense. The United States opposes this Motion on the ground that the Motion is untimely and that amendment would unduly prejudice it.
Federal Rule of Civil Procedure 15(a) sets forth the general principles governing amendment of pleadings. Any time after a responsive pleading has been served, a party may amend “only by leave of court or by written consent of the adverse party; and leave shall be freely given…
2Cases cited10 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- J.E. Mamiye & Sons, Inc. v. The Fidelity Bank v. Commonwealth Marine and General Assurance Co., LtdCourt of Appeals for the Third Circuit · 1987
- Sylvia Averbach v. Rival Manufacturing CompanyCourt of Appeals for the Third Circuit · 1989
- United States v. Akzo Coatings of America, Inc.Court of Appeals for the Sixth Circuit · 1991
- Morgan Guaranty Trust Company of New York v. Peter E. Blum, Peter E. BlumCourt of Appeals for the Fifth Circuit · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Morton Internationa, Inc. v. A.E. Staley Manufacturing Co.District Court, D. New Jersey · 2000
- Smithfield Foods Inc. v. United Food & Commercial Workers International UnionDistrict Court, E.D. Virginia · 2008
- Burtch v. Hydraquip, Inc. (In Re Mushroom Transportation Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- Feldman v. American Asset Finance, LLCDistrict Court, E.D. Pennsylvania · 2015
- Hewlett-Packard Co. v. Arch Associates Corp.District Court, E.D. Pennsylvania · 1997
5 more not listed; retrieve them via the Exa API.