Davey v. Lockheed Martin Corp.
United States Court of Appeals for the Tenth Circuit
301 F.3d 1204 (10th Cir. 2002)
Relevant factsFree
Two months after the Supreme Court decided Kolstad v. American Dental Assoc., establishing a good-faith-compliance defense to punitive damages under Title VII, Lockheed Martin (defendant) moved just before trial to amend the final pretrial order to add that defense against Davey's (plaintiff) discrimination and retaliation claims; the district court refused, finding it fundamentally unfair to Davey, who had not had a chance to conduct discovery on the issue, and the jury ultimately awarded Davey $200,000 in punitive damages.
IssueFree
Whether, under the FRCP, a party may seek amendment of a final pretrial order before trial has begun.