DESERT CHRYSLER-PLYMOUTH, INC., ET AL.

v.

CHRYSLER CORP.

Citator

Cited By

• Darel K. Hardin v. Manitowoc-Forsythe Corp., 691 F.2d 449 (10th Cir. 1982)
  …posing party had a fair opportunity to defend and whether he could have presented additional evidence had he known sooner the substance of the amendment. Id. at 1174; Ellis v. Arkansas Louisiana Gas Co., 609 F. 2d 436 (10th Cir. 1979), cert. denied, 445 U.S. 964, 100 S.Ct. 1653, 64 L.Ed.2d 239 [*457] (1980); deHaas v. Empire Petroleum Co., 435 F. 2d 1223 (10th Cir. 1970). Even where there is no consent, and objection is made at trial that evidence is outside the scope of the pretrial order, amendment may…

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• Tri-State Generation & Transmission Ass'n, Inc. v. Shoshone River Power, Inc., 874 F.2d 1346 (10th Cir. 1989)
  …action goes to the adequacy of Tri-State’s legal remedy, we look to the appropriate state law to determine whether judicial estoppel is recognized. See, e.g., Ellis v. Arkansas Louisiana Gas Co., 609 F. 2d 436, 440-41 (10th Cir.1979), cert. denied, 445 U.S. 964, 100 S.Ct. 1653, 64 L.Ed.2d 239 (1980); Reno v. Beckett, 555 F. 2d 757, 770 (10th Cir.1977). The parties do not dispute that Wyoming law is the applicable state law in this case. Under Wyoming law, Pacific is judicially estopped from subsequently…
• Keeler v. Hewitt, 697 F.2d 8 (1st Cir. 1982)
  …trial. The decision whether to allow amendment is within the discretion of the trial judge and will be reversed only where that discretion has been abused. E.g., Ellis v. Arkansas Louisiana Gas Co., 609 F. 2d 436, 439 (10th Cir.1979), cert. denied, 445 U.S. 964,100 S.Ct. 1653, 64 L.Ed.2d 239 (1980); 6 C. Wright & A. Miller, Federal Practice & Procedure: Civil § 1493 (1971). In this case the malicious prosecution issue was tried, if at all, without notice to the defendants and without their consent, and def…