Legal Opinion
Hastings v. Union Boiler, Co.
District Court, D. Maine
Decided June 28, 1988No. Civ. 86-0034-PPublishedCited by 3 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANTS’ MOTION TO AMEND
CYR, Chief Judge.
On November 20, 1987, defendants moved to amend their motion to dismiss, dated May 7, 1986, to include res judicata as a further ground for dismissal. Plaintiff objects on the grounds that he would be severely prejudiced and that the motion to amend was not timely filed in accordance with an October 19, 1987 scheduling order.
Res judicata is an affirmative defense generally considered waived unless pleaded. Fed.R.Civ.P. 8(c). See Badway v. United States, 367 F.2d 22, 25 (1st Cir.1966). But, of course, there are numerous exceptions to…
2Cases cited16 opinions
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- W. Eugene Scott v. Edward L. Kuhlmann, Etc.Court of Appeals for the Ninth Circuit · 1984
- Westwood Chemical Co., Inc. v. Richard W. Kulick, Arthur Fletcher, and Lenape Chemicals, Inc., Garry B. Curtiss and Joseph Drasner, Movants-AppelleesCourt of Appeals for the Sixth Circuit · 1981
- John Concordia v. J. Thomas Bendekovic, Jr., Lt. G. Simpson, Bruce Lee McCormick Leonard Leo LanhamCourt of Appeals for the Eleventh Circuit · 1982
- Leonard Harbeson, Jean Harbeson v. Parke Davis, Inc., and the United States of AmericaCourt of Appeals for the Ninth Circuit · 1984
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3Cited by3 opinions
- Boston Scientific Corp. v. Schneider (Europe) AGDistrict Court, D. Massachusetts · 1997
- Lynch v. Board of State Examiners of ElectriciansDistrict Court, D. Massachusetts · 2002
- United States v. GiordanoDistrict Court, D. Rhode Island · 2012