Monday, February 13, 2017

For Wednesday--Section C

Monday audio.

We continue with additional claims on Wednesday. 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 of these claims. 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. With respect to the claims between Clear Code and Cosgrove, consider: What is the difference between a counterclaim and cross claim, how do you know when something is one or the other, and why does it matter? Also, consider the role that FRCP 18(a) may play in all this (with respect to Cosgrove's claims and Jasper's claims against Holmes).

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?