Monday, January 23, 2017

For Wednesday--Section A

Monday audio.

We continue with Rule 11. How does the "safe harbor" operate for parties seeking sanctions? What were the problems with the sanctions motion in Roth? Did the procedural defects get the attorney off the hook for sanctions?

We then move to Responding to a Complaint: Motions, which looks at the first option for a defendant in responding to a Complaint. Do not worry about the waiver hypotheticals; we will do those for Friday. But read all the assigned materials--in addition to the rules listed, please look at FRCP 3 and 4. Pay close attention the timing requirements in FRCP 12(a), as well as the various defenses listed in 12(b).