Legal Opinion

Kurt Strauss v. Douglas Aircraft Co.

Court of Appeals for the Second Circuit

Decided December 12, 1968No. 192, Docket 32620PublishedCited by 109 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

The dilemma to be resolved by us is how to strike a proper balance between the interest of Fed.R.Civ.P. 15(a) that leave to amend a pleading “shall be freely given when justice so requires,” and the possible prejudice to other parties resulting from such amendment.

Kurt Strauss appeals from a final judgment in favor of Douglas Aircraft Co. [now known as McDonnell Douglas Corp. and hereinafter referred to as Douglas] after a trial before Judge Metzner and a jury in the Southern District of New York. He rests his claim, in part, upon a pre-trial order by Judge…

2Cases cited10 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Babcock v. JacksonNew York Court of Appeals · 1963
  3. Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
  4. Middle Atlantic Utilities Co. v. S. M. W. Development Corp.Court of Appeals for the Second Circuit · 1968
  5. Marilyn W. Pearson, as Administratrix of the Goods, Chattels and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc.Court of Appeals for the Second Circuit · 1962

5 more not listed; retrieve them via the Exa API.

3Cited by109 opinions

  1. John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western GermanyCourt of Appeals for the Fourth Circuit · 1977
  2. Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
  3. Block v. First Blood AssociatesCourt of Appeals for the Second Circuit · 1993
  4. Curtis Long v. Harry Wilson, SuperintendentCourt of Appeals for the Third Circuit · 2004
  5. Browning Debenture Holders' Committee v. Dasa Corp.Court of Appeals for the Second Circuit · 1977

104 more not listed; retrieve them via the Exa API.

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