Second, the "permissive" method allows a defendant served with an amended complaint to amend its answer and add any new or amended counterclaims freely, without leave of court, regardless of the context or scope of the changes in the amended complaint.
Judge Saylor also pointed out that applying the permissive approach allows for inconsistent treatment of the parties: requiring the plaintiff to seek leave but permitting the defendant to amend freely.
In his estimation, this is the most practical way to permit defendants to amend or add new counterclaims when justice requires, while simultaneously allowing the court to protect against undue delay, prejudice, bad faith and futility.
If appearing before Judge Saylor or before a district court judge that may follow his approach, a defendant should seek leave of the court (or obtain its opponent's written consent) prior to seeking to amend or add new counterclaims in response to an amended complaint.
But in practice, a defendant may instead oppose a plaintiff's motion to amend the complaint.
Alternatively, the defendant could oppose the plaintiff's motion to amend and make a provisional motion to amend its answer by substantively outlining arguments why the defendant should be permitted to add new or different counterclaims.
This final rule amends the FAR to implement a determination by the United States Trade Representative (USTR) under the Trade Agreements Act that suppliers from the 10 new member states of the European Communities (EC) (i.
This final rule amends the FAR by deleting the cost principle at FAR 31.
Summary: Amends the Public Health Service Act to authorize grants for treatment and support services for Alzheimer's patients and their families.
Summary: Amends the Social Security Act to permit the Secretary of Health and Human Services to enter into direct negotiations between drug manufacturers and pharmacies, and between Medicare prescription drug plan sponsors and Medicare Advantage organizations offering prescription drug plans, to promote best prices for Medicare beneficiaries.
Summary: Amends the Social Security Act to provide for negotiation of fair prices for Medicare prescription drugs.