Monday, February 13, 2017

For Wednesday--Section A

Monday audio. Essay II due at the beginning of class Wednesday. Essay III will be posted on Wednesday afternoon and due on Monday, February 20. Essay IV will be posted on Friday afternoon and due on Wednesday, February 22.

We will begin on Wednesday by walking through the Responsive Pleading piece of the pleading flowchart (which someone photographed from today). You can then combine that piece with our earlier walk-through of Complaints and Motions, to form a full flowchart.

We then turn to Amending Pleadings, which means starting over at some point in that flowchart. Review FRCP 15(a)(1) and the two distinct timelines, which we discussed when covering the disfavored 12(b) defenses. What might a party do in amending a pleading? 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?