From Casetext: Smarter Legal Research

Nolan v. Columbia Broadcasting System, Inc.

United States District Court, S.D. New York
Jan 18, 1951
11 F.R.D. 194 (S.D.N.Y. 1951)

Summary

permitting amendment that gave rise to right to trial by jury

Summary of this case from Time Warner Cable of New York City v. Kline, Davis Mann

Opinion

         John A. Nolan sued the Columbia Broadcasting System, Inc., for injunctive relief and an accounting by reason of an alleged infringing program. After taking a deposition, plaintiff moved for permission to serve an amended complaint. The United States District Court for the Southern District of New York, Weinfeld, J., held that such permission is to be freely given when justice so requires.

         Motion granted.

          Boyle, Feller, Stone & McGivern, New York City (Alfred H. Wasserstrom, New York City, of counsel), for plaintiff.

          Coudert Brothers, New York City (Walter R. Barry, New York City, of counsel), for defendant.


          WEINFELD, District Judge.

         Motion for permission to serve an amended complaint as proposed is granted. Rule 15(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. provides that such leave shall be freely given when justice so requires.

          Plaintiff moved promptly to eliminate its prayer for injunctive relief and an accounting when it discovered during the taking of the defendant's deposition that the alleged infringing program was on a sustaining basis and that the defendant did not gain profits therefrom. It is no sufficient objection to the amendment that its purpose is to secure a jury trial. Certainly defendant's rights are not prejudiced by the granting of this motion. Pallant v. Sinatra, D.C., 7 F.R.D. 293; Fischer & Porter Co. v. Brooks Rotameter Co., D.C., 86 F.Supp. 502; Lieberman v. Merkin, D.C., 2 F.R.D. 315.

         Settle order.


Summaries of

Nolan v. Columbia Broadcasting System, Inc.

United States District Court, S.D. New York
Jan 18, 1951
11 F.R.D. 194 (S.D.N.Y. 1951)

permitting amendment that gave rise to right to trial by jury

Summary of this case from Time Warner Cable of New York City v. Kline, Davis Mann
Case details for

Nolan v. Columbia Broadcasting System, Inc.

Case Details

Full title:NOLAN v. COLUMBIA BROADCASTING SYSTEM, Inc.

Court:United States District Court, S.D. New York

Date published: Jan 18, 1951

Citations

11 F.R.D. 194 (S.D.N.Y. 1951)

Citing Cases

Time Warner Cable of New York City v. Kline, Davis Mann

However, the effect of an amendment to a complaint on a party's right to trial by jury is immaterial to the…

Fox v. Shannon Luchs Company of Washington

E.g., Black Yates v. Mahogany Ass'n, 129 F.2d 227, 236-237 (3rd Cir.), cert. denied, 317 U.S. 672, 63 S.Ct.…