Undue prejudice definition

Undue prejudice means substantial prejudice or
Sample 1
Undue prejudice means substantial prejudice or substantial negative effect.” SAES
Sample 1
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
Sample 1

Examples of Undue prejudice in a sentence

  • Undue prejudice is the most important factor in determining whether to allow an amendment to the pleadings.

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

  • Undue prejudice is grounds for excluding relevant evidence from a trial.

  • However, a district court can act within the bounds of its discretion when denying a motion to amend.Grounds for denial include but are not limited to: “Undue delay; Bad faith and dilatory motive on the part of the movant; Repeated failure to cure deficiencies by amendments previously allowed; Undue prejudice to the opposing party, and Futility.” Zeyen v.

  • Undue prejudice is defined as “the undue tendency to suggest a decision based on improper considerations; it does not mean the damage to a defendant’s case that results from legitimate probative force of the evidence.” Sutkiewicz, 110 F.3d at 360 (quoting Doe v.

  • Undue prejudice occurs when the non- moving party is "unfairly disadvantaged or deprived of the opportunity to present facts orevidence which it would have offered had the [moving party] been timely." Id. at 426 (citations omitted).

  • Undue prejudice depends on whether withdrawing an admission or filing a late response will delay trial or significantly hamper the opposing party’s ability to prepare for it.

  • Undue prejudice must be shown “by ‘very clear and positive evidence.’” Coachmen Industries, Inc., 2007 WL 1837842 at*12 (quoting Smith v.

  • Undue prejudice arises "where an amendment [comes] on the eve of trial and would result in new problems of proof." State Teachers Retirement Bd. v.

  • I.B.1., ante.) Undue prejudice to the ability to defend might arise due to the loss of evidence or the unavailability of a witness.


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. 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
Sample 1
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 &
Sample 1
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)).
Sample 1

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 right of the insurer to assume the rights of the insured person to recover expenses paid out under the policy that may be recovered from any other source.

  • 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.

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Erroneous Payment Subrogation Rights has the meaning assigned to it in Section 9.12(d).

  • Set-off means set-off, offset, combination of accounts, right of retention or withholding or similar right or requirement to which the payer of an amount under Section 6 is entitled or subject (whether arising under this Agreement, another contract, applicable law or otherwise) that is exercised by, or imposed on, such payer.

  • Indemnitors has the meaning given to such term in Section 6(h).

  • Notice Parties means those Persons who are required to receive notice of filings made with the CPUC pursuant to A. 00-00-000.

  • Irregularity in testing security means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:

  • Creditors Rights Laws means any existing or future law of any jurisdiction, domestic or foreign, relating to bankruptcy, insolvency, reorganization, conservatorship, arrangement, adjustment, winding-up, liquidation, dissolution, composition or other relief with respect to its debts or debtors.

  • Dutch Civil Code means the Dutch Civil Code (Burgerlijk Wetboek).

  • Protest means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation.

  • Mortgagor's Name Address: Loan No.: Reason for requesting file:

  • Indemnifying Party Information [(A)] All information in the Prospectus Supplement, the Offering Circular or any Free Writing Prospectus or any amendment or supplement thereto (i) contained under the headings "Summary--Relevant Parties--Responsible Party [and Servicer,"] "The Mortgage Loan Pool--Underwriting Guidelines" [and "The Servicer"] and (ii) regarding the Mortgage Loans, the related mortgagors and/or the related Mortgaged Properties (but in the case of this clause (ii), only to the extent any untrue statement or omission arose from or is based upon errors or omissions in the information concerning the Mortgage Loans, the related mortgagors and/or the related Mortgaged Properties, as applicable, provided to the Depositor or any affiliate by or on behalf of the Indemnifying Party) [and (B) static pool information regarding mortgage loans originated or acquired by the Seller [and included in the Prospectus Supplement, the Offering Circular, the ABS Informational and Computational Materials or the Free Writing Prospectus or any amendment or supplement thereto][incorporated by reference from the website located at ___________]].

  • Malicious Code means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

  • Loan Parties’ Agent means Xxxxxxxx Group Holdings Limited (formerly known as Rank Group Holdings Limited).

  • Indemnitor has the meaning set forth in Section 12.3.

  • Defense shall include investigations of any threatened, pending or completed action, suit or proceeding as well as appeals thereof and shall also include any defensive assertion of a cross-claim or counterclaim; and

  • Defending Party has the meaning set forth in Section 14.2.3.

  • Fault means a default, breach, or wrongful act or omission.

  • Verification on oath or affirmation means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

  • Protestor means an actual bidder/Grantee who is aggrieved in connection with a contract award and who files a Protest.

  • Indemnified Party shall have the meaning set forth in Section 5(c).

  • Counterclaim means a claim asserted in a pleading filed with the Board in an arbitration proceeding pursuant to this clause which arises from the same occurrence or transaction that is the subject matter of the opposing party’s claim. Counterclaims do not need to be submitted to the Subcontract Administrator for decision.