Legal Opinion
Hoffman v. McNamara
District Court, D. Connecticut
Decided July 6, 1988No. Civ. B-82-391 (PCD)PublishedCited by 19 opinions
1Opinion of the Court
RULING ON MOTION TO AMEND-ANSWER AND AFFIRMATIVE DEFENSES
DORSEY, District Judge.
Defendants, City of Willimantic and Estate of John P. Hussey, move to amend their answer and affirmative defenses to assert a fifth affirmative defense, to wit: “Any damages sustained by the plaintiff have been paid or satisfied, in whole or in part, by the payment of the sum of $78,-000.00 to the plaintiff by co-defendants.”
Plaintiff argues that, while Fed.R.Civ.P. 15 authorizes the liberal amendment of pleadings, such should not be allowed in this case because the new affirmative defense would be subject to…
2Cases cited32 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Foman v. DavisSupreme Court of the United States · 1962
- Carey v. PiphusSupreme Court of the United States · 1978
- Moor v. County of AlamedaSupreme Court of the United States · 1973
- Memphis Community School District v. StachuraSupreme Court of the United States · 1986
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3Cited by19 opinions
- Burke v. RegaladoCourt of Appeals for the Tenth Circuit · 2019
- Restivo v. HessemannCourt of Appeals for the Second Circuit · 2017
- United States v. Yale New Haven HospitalDistrict Court, D. Connecticut · 1990
- Lillian Corder Roberta Lombardo v. Roy BrownCourt of Appeals for the Ninth Circuit · 1994
- Harris v. Angelina County, Tex.Court of Appeals for the Fifth Circuit · 1994
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