Amendment Allowed With Payment of Fees
In Lillis, et al. v. AT&T Corp., download pdf file, the Chancery Court, after extensive analysis, considered whether to allow leave to amend under Rule 15(a) in light of an effort by a defendant to change the admissions made in answer to a complaint several days before oral argument on a Motion for Judgment on the Pleadings under Rule 12(c). The court determined that the distinctive Delaware practice under Chancery Court Rule 15(aaa) did not apply because this was not a motion to dismiss, but rather a motion for judgment on the pleadings. Based on the lateness of the motion and the costs incurred by the other parties, the court conditioned the granting of the motion to amend on payment of reasonable attorneys' fee incurred by the other parties as a result of the belated change in position. The court also ruled that judicial estoppel did not apply because the court had not relied on any of the parties' earlier positions in making any decisions.
