Monday, February 20, 2017

For Monday--Section C

Monday audio.

No class on Wednesday; make-up on Saturday, March 4, time TBD.

Essay IV posted on Wednesday and due on Monday, February 27. Essay V posted on Friday and due on Wednesday, March 1.

On Monday, we continue with Relation Back, with a careful focus on Krupski and the Court's understanding of mistake? What is a mistake? Was there a mistake in Krupski? And should Krupski change the analysis in Doe cases, such as Smith. What about the plaintiff's delay in amending in Krupski--how does that affect the relation back analysis?

This will complete our discussion of Pleadings. So move on to Managerial Judging and the first two parts of Discovery, Introduction and Discovery Process. What are the standards for discoverability? Think about how the exchange of discovery requests work. Think about how the different discovery devices operate and some logical order in which you might might employ different devices. How do the parties get the court into a dispute and what are the different motions that can be filed.