Allen v. 1901 Wyoming Avenue Cooperative Ass'n

Parentheticals

• upholding prehearing seizure of 19,000 copies of publications pending adversary hearing on the following morning

  Universal Amusement Company, Inc. v. Carol Vance, State of Texas, Richard C. Dexter v. Ted Butler, District Attorney of Bexar County, Texas, Defendants- Southland Theatres, Inc. v. Ted Butler, District Attorney of Bexar County, Texas, Defendants

• upholding prehearing seizure of 19,000 copies of publications pending adversary hearing on the following morning

  Universal Amusement Co. v. Vance

• burden of additional discovery necessary to defend new legal theory advanced after delay is “manifestly unfair and unduly prejudicial”

  Forstmann v. Culp

• 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

  In Re Lee Way Holding Co.

• leave to amend has been denied when “no reason for ... extended and undue delay, other than ignorance of the law,” has been advanced

  Church of Scientology of California v. Siegelman

• “[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.”

  Davis v. Therm-O-Disc, Inc.

• 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

  Feeney v. Com. of Mass.

• “[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.”

  Anderson v. YOUNG TOUCHSTONE COMPANY

• two and a half years elapsed

  Sweeney v. Keystone Provident Life Insurance