Friday, February 10, 2017

For Monday--Section A

Friday audio. Essay II about to be posted. Someone please post photos of the flowchart and Holmes to blog.

We continue with additional claims on Monday. Try to figure out what all the remaining claims are in Holmes and whether the applicable rule is satisfied as to each. How does the S/T/O standard apply in each. Work through all the "downstream" claims in FRCP 14, especially 14(a)(2), which shows what the third-party defendant can do in response to being dragged into the case.

We will start with the policy questions we left-off on: Why allow unrelated counterclaims? Why allow only unrelated crossclaims and impleader? Why not require any crossclaims or impleader?