Unreported / Non-Citable
Background
Hinds County, Mississippi, fired its attorney, Pieter Teeuwissen, and his law firm, Simon & Teeuwissen, P.L.L.C. After Teeuwissen sued, the district court dismissed the action on the ground that Mississippi common law prohibited his year-long contract with the county.
In an earlier appeal, the Fifth Circuit reversed, holding that Mississippi Code § 19-3-47 expressly authorized county boards to bind future boards by employing board attorneys “by the year.” On remand, Teeuwissen sought summary judgment. The county then asserted a new illegality defense based on Mississippi common law, professional-conduct rules, and state statutes, and sought leave under Federal Rule of Civil Procedure 16(b)(4) to amend its answer. The district court denied leave because the county had not justified its delay and the late defense would prejudice Teeuwissen, and it granted summary judgment to Teeuwissen.
The Court’s Holding
The Fifth Circuit affirmed. It declined to decide whether the district court’s Rule 16(b)(4) analysis independently justified denying amendment because the county’s proposed illegality defense lacked merit.
After reviewing the county’s pleadings, the panel found no reasonable argument that Teeuwissen’s contract was illegal under Mississippi law. Because amendment would have added only a meritless defense, the district court did not abuse its discretion by refusing to allow it.
Key Takeaways
- A court may deny leave to amend when the proposed claim or defense is meritless.
- The county identified no reasonable basis for treating the attorney-employment contract as illegal under Mississippi law.
- The Fifth Circuit affirmed without deciding whether the county otherwise satisfied Rule 16(b)(4)’s requirements for modifying the scheduling order.
Why It Matters
The decision reinforces that a party seeking to add a late affirmative defense must offer a legally viable theory; disputes over delay and prejudice need not be resolved when the proposed defense fails on its merits.
It also leaves intact the judgment for Teeuwissen following the earlier appellate ruling that Mississippi law permits county boards to employ attorneys on year-long contracts that bind successor boards.