Essay III will be due on
On Monday, we continue with Relation Back, the last piece of Amending Pleadings (and the last piece of the Pleading section). Starting with Krupski, what else will the court look to in determining whether a party made a mistake concerning identity? What did the Court do with the fact that Krupski waited several months to seek leave to amend--how does that affect relation back and how does it affect whether leave to amend should be granted? Why did the Smith Court not allow relation back? Is there a reading of Krupski that suggests the claims should have related back?
This then brings us to the end of Pleading. You now have a complete flowchart to use to organize your notes and outlines and to see how the pieces fit together.
We then turn to Managerial Judging, focusing on FRCP 16 and FRCP 26(f), along with the two recent Annual Reports. Consider the benefits and drawbacks to a focus on settlement?
We then start Discovery: Introduction to Discovery. With respect to FRCP 26, focus attention on FRCP 26(a)(1), 26(b)(1)-(2), 26(c), 26(d), and 26(f). How is pre-trial discovery consistent with and inconsistent with having an adversary system? How does adverseness affect the discovery process? What is the point of disclosure and what evidence must be disclosed? What evidence is generally discoverable?