Wednesday, January 18, 2017

For Monday--Section C

Wednesday audio. Repeating what I said in class--I need to see more than the same six or seven hands looking to participate.

We will continue with, and finish, Joinder and the Smith hypothetical. Consider both sides on whether this claim can be joined to Morgan. Then look over FRCP 19, 24, and 42, which we will discuss as limits on the permissive nature of Joinder.

Then move on to Rule 11 and Honesty in Pleading, which we will begin and then pick-up in earnest next Monday. Make sure you look at the assigned committee notes (from 1983 and 1993) and see how the Rule changed in 1993 and why. Read the current statute carefully to see how all the pieces fit together. In particular, understand the process for obtaining sanctions. Why does the deterrence purpose of sanctions matter?

For those of you looking to read for the week in advance, we will get to Motions on Wednesday.