DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083711P.pdf 06/07/2010 Trim Fit v. Donald Dickey
U.S. Court of Appeals Case No: 08-3711
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and Arnold,
Circuit Judge]
Civil case - contracts. District court did not abuse its discretion by
denying defendant's motion to amend his counterclaim when the motion
was made 13 months after the deadline set in the scheduling order and
only 15 days before trial and where the amendment would have
substantially changed the claim and the proof required; court did not err
in denying after-trial motion to amend pleadings; district court erred in
finding there was no statutory basis for an award of attorneys' fees, and
the matter is remanded for further proceedings.