Undue prejudice definition

Undue prejudice means prejudice greater than that which would necessarily follow in every case from waiving compliance with the time for appealing. Delay in implementing

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Undue prejudice means prejudice greater than that which would necessarily follow in every case from waiving compliance with the time for appealing. Delay in implementing a consent is inevitable when an appeal is lodged Factors which have contributed towards findings of undue prejudice have included the amount of money involved or at risk the level of expenditure already committed to a project and the fact that an applicant has waited longer than the statutory period for appealing before taking steps to exercise the consent

Undue prejudice means substantial prejudice or

Examples of Undue prejudice in a sentence

Undue prejudice exists when amendment would prevent the non-movant from adequately responding to the new claims.

More Definitions of Undue prejudice

Undue prejudice means prejudice greater than that which would necessarily follow in every case from waiving compliance with the time for appealing, see Reilly v Northland Regional Council, A038/93, 1 & 2 NZPTD 615, 2 NZRMA 414; Noel Leeming Appliances v North Shore City Council A109/92, 1 &

Undue prejudice means substantial prejudice or substantial negative effect.” SAES

Undue prejudice under the PSLRA means “improper or unfair treatment amounting to something less than irreparable harm.” In re Vivendi Universal, S.A. Sec. Litig., 381 F. Supp. 2d 129, 130 (S.D.N.Y. 2003) (quoting Vacold LLC v. Cerami, 2001 WL 167704, at *6 (S.D.N.Y. Feb. 16, 2001)). Courts “have partially lifted the discovery stay on the ground of ‘undue prejudice’ when defendants would be unfairly shielded from liability through pursuit of their pending action or when plaintiffs would be placed at an unfair advantage to make informed decisions about litigation and settlement strategy without access to documents that form the core of the proceeding.” Mori v. Saito, 802 F. Supp. 2d 520, 524 (S.D.N.Y. 2011) (quoting Fisher v. Kanas, 2006 WL 2239038, at *2 (E.D.N.Y. Aug. 4, 2006)). “Undue prejudice does not arise, however, ‘from a delay in gathering evidence’ because this ‘delay is an inherent part of every stay of discovery required by the PSLRA.’” Id. (quoting In re Smith Barney Transfer Agent Litig., 2006 WL 1738078, at *2 (S.D.N.Y. June 26, 2006)).

Related to Undue prejudice

Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.
Subrogation means the Plan's right to pursue and place a lien upon the Covered Person's claims for medical or dental charges against the other person.
Creditors’ Rights has the meaning set forth in Section 3.2(b).
Remedies Exception means (a) applicable bankruptcy, insolvency, reorganization, moratorium, and other Laws of general application, heretofore or hereafter enacted or in effect, affecting the rights and remedies of creditors generally, and (b) the exercise of judicial or administrative discretion in accordance with general equitable principles, particularly as to the availability of the remedy of specific performance or other injunctive relief.
Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended.