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Time is Not of the Essence: Court of Appeals Concludes That Undue Delay, Alone, Does Not Warrant Denial of Motion to Amend Affirmative Defenses
Detroit Medical Center reminds defendants to plead fraud with particularity in their responsive pleadings or file for leave to amend as soon as information pertaining to fraud becomes available to them. Essentially, pleading fraud with particularity outlines the “who, what, where and when” when defending a suit. Defendants must set forth these facts in their responsive pleadings if possible. Should the information become available during discovery, defendants may move to amend their affirmative defenses at any time unless doing so would prejudice the other party.
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