The Business Court denied the Defendant’s request to amend its Answer to add a statute of limitations defense and a defense of ERISA preemption.  Judge Tennille found that the Defendant had unduly delayed by raising the statute of limitations defense fourteen months after the filing of its Answer, and that the Plaintiff would be prejudiced if it were allowed.  The Court denied the ERISA amendment for another reason, finding it to be futile.

The Court held that "[a] delay of over fourteen months before filing a statutes of limitation defense is an undue delay…

Continue Reading Cope v. Daniel, June 10, 2008 (Tennille)(unpublished)