North Carolina Business Litigation Report

Harco National Insurance Co. v. Grant Thornton LLP, February 16, 2009 (Tennille)(unpublished)

The Court denied a Motion to Amend, finding that there was undue delay in seeking the amendment.  Discovery in the case had gone on for years and had been completed months before the Motion to Amend was filed.  Plaintiff furthermore had the documents on which the Motion was based in its possession for two years.

The Court also denied the Motion based upon the prejudice to the Defendant.  The new causes of action would have changed the Defendant's approach to discovery.  Furthermore, one of the proposed new claims was for punitive damages, and it would have been prejudicial to the Defendant to "change 'the stakes of the lawsuit' at this late stage of the proceedings."

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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