North Carolina Business Litigation Report

Media Network, Inc. v. Mullen Advertising, Inc., 2006 NCBC 7 (N.C. Super. Ct. May 24, 2006)(Diaz)

The Court refused to allow the defendant to amend its answer to add counterclaims. It found that the defendant had known of the facts relating to the counterclaim for nearly a year before seeking leave to amend, and that defendant had unduly delayed in seeking an amendment. It found that the plaintiff would be prejudiced because allowing the amendment would require additional discovery and a modification of the deadlines for dispositive motions.

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Mack Sperling
Brooks Pierce, LLP
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