Opinion · Supreme Court of the United States

Allen v. 1901 Wyoming Avenue Cooperative Ass'n

Allen v. 1901 Wyo. Ave. Coop. Ass'n, 416 U.S. 939 (1974)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1974-04-15
Topic
general

How later courts describe this case

  • upholding prehearing seizure of 19,000 copies of publications pending adversary hearing on the following morning
  • burden of additional discovery necessary to defend new legal theory advanced after delay is “manifestly unfair and unduly prejudicial”
  • Court denied motion to amend pleadings to set forth an alternative theory of recovery where the case had been pending for two and one-half years
  • leave to amend has been denied when “no reason for ... extended and undue delay, other than ignorance of the law,” has been advanced
  • “[T]o put [defendant] through the time and expense of continued litigation on a new theory, with the possibility of additional discovery, would be manifestly unfair and unduly prejudicial.”
  • no abuse of discretion to deny motion to assert alternative theory of recovery after defendant had had to defend against theory originally presented at both the trial and appellate level
  • “[T]o put Schwinn through the time and expense of continued litigation on a new theory, with the possibility of additional discovery, would be manifestly unfair and prejudicial.”
  • two and a half years elapsed

Citator

UpLaw has not yet analyzed Allen v. 1901 Wyoming Avenue Cooperative Ass'n. The absence of a flag is not a finding that it is good law.

Cited by
77 opinions

Ct. App. D. C. Certiorari denied.