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, 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 &
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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)).
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Undue prejudice means substantial prejudice or
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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 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.

  • The viewers shall be nominated by the parties or their respective solicitors, or in case they cannot agree, by the summoning officer and shall be shown the place by a person or by 2 persons so nominated for the purpose.

  • Undue prejudice occurs where the amendment “brings entirely new and separate claims, adds new parties, or at least entails more than an alternative claim or a change in the allegations of the complaint and where the amendment would require expensive and time-consuming additional discovery.” (Id.) (citations omitted).

  • Undue prejudice to thediscovering party, however, is not a factor in this balancing test.

  • Undue prejudice exists where the amendment “brings entirely new and separate claims, adds new parties, or at least entails more than an alternative claim or a change in the allegations of the complaint and where the amendment would require expensive and time-consuming additional discovery.” Lanigan v.

  • Undue prejudice to the opposing party “is the most important factor in determining whether to allow an amendment to a complaint.” Ameritech Mobile Commc’ns, Inc.

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

  • Undue prejudice to the opposing party exists where “allowing an amendment would result in additional discovery, cost and preparation to defend against new facts or new theories.” Cureton, 252 F.


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
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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
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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 the extent to which enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar Laws affecting the enforcement of creditors’ rights generally and by general equitable principles.

  • Civil Code the Civil Code of Québec, or any successor statute, as amended from time to time, and includes all regulations thereunder.

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

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean, except as otherwise provided in the final sentence of this definition:

  • Erroneous Payment Subrogation Rights has the meaning specified in Section 9.08(e).

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Default Interest means interest chargeable in terms of this Agreement to unpaid amounts or outstanding obligations which interest shall be calculated, from the due date until date of payment, on a daily balance and compounded monthly in arrear at an annual rate of two percent (2%) above the prevailing, variable prime rate publicly quoted by ABSA Bank Limited from time to time.

  • Order of Priority means the order of priority of payments specified in paragraph 2.2 (Pre and Post Enforcement Waterfalls) of Annex 1.

  • 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.

  • Burden of proof means the existence or nonexistence of a fact is established by a preponderance of the evidence.

  • 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.

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

  • Claimholders means each of the First Lien Claimholders and the Second Lien Claimholders.

  • Priority Tax Claim means any Claim of a Governmental Unit of the kind specified in section 507(a)(8) of the Bankruptcy Code.

  • Secured Tax Claim means any Secured Claim that, absent its secured status, would be entitled to priority in right of payment under section 507(a)(8) of the Bankruptcy Code (determined irrespective of time limitations), including any related Secured Claim for penalties.

  • Enforcement Costs means court expenses, reasonable attorney fees of the attorney general, and other reasonable expenses of an executive department that are incurred in relation to enforcement under this part.

  • Priority Non-Tax Claim means any Claim other than an Administrative Expense Claim or a Priority Tax Claim, entitled to priority in payment as specified in section 507(a) of the Bankruptcy Code.

  • Priority Non-Tax Claims means any Claim, other than an Administrative Claim or a Priority Tax Claim, entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.

  • Priority Tax Claims means Claims of governmental units of the kind specified in section 507(a)(8) of the Bankruptcy Code.

  • attorney-at-law means an attorney-at-law, a legal practitioner or advocate duly admitted to practise law in the courts of a Contracting Party;

  • Finance Party means the Agent, the Arranger or a Lender.