Wednesday audio. Essay III will be posted in ten minutes and due next Monday. Essay IV will be posted on Friday afternoon, due on Wednesday, February 22. Essay V will be posted on Friday, February 24 and due on Wednesday, March 1.
Remember we are in RDB 2008 on Friday.
We pick up with the question we left-off on: How can the court determine whether a proposed amended pleading would be futile, if futility means the claim(s) in the pleading would not survive a 12(b) motion to dismiss? Think about futility and arguments about futility in the following situations:
1) Jones v. Ford Motor: D's Answer does not include any counterclaims. It now seeks leave to amend the Answer to add the counterclaim for non-payment.
2) Stanard: P seeks leave to amend his complaint one more time
How does the statute of limitations play into futility? Consider what would happen if Zielinski moved to amend to add CCI as a defendant. Why do we have statutes of limitations--what are their purposes? Review FRCP 15(c); try to work out how and when relation back arises, what it means, and what the rule requires.