Jackson v. Iberia Airlines

MEMORANDUM AND ORDER

Before the Court are the motion of plaintiffs for reconsideration of our memorandum and order dated September 8, 1983, and the motion of defendant for leave to amend its answer to interpose a second affirmative defense.

Rule 15(a) of the Federal Rules of Civil Procedure states that leave to amend a pleading “shall be freely given when justice so requires.” Defendant desires to assert as an affirmative defense the limitations of liability contained in the tariffs defendant has filed with the Civil Aeronautics Board. We believe defendant should be allowed to amend its answer…