The material covered in this evening's class was covered on Monday and the first part of Wednesday in Section A; audio can be found there.
On Monday, we continue with Amending Pleadings. What are the
reasons identified in Foman for denying leave to amend and what
do they mean? How does the concept of leave to amend under FRCP 15(a)(2)
interact with dismissals with and without prejudice? What does it mean
for an amendment to be futile and how does that issue get raised and
argued in court? 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. Pay particular attention to the meaning of "mistake" in FRCP 15(c)(1)(C)(ii).
Finally, read the section on Managerial Judging, focusing on FRCP 16, as well as the annual reports.