Sorry for the delay in posting. Here is the Section A and Section B audio from the Friday before break.
We will continue with Amendments for Wednesday and part of Thursday. No new reading until Thursday, but review the Amendments reading. Essay # 3 will likely post this Friday (March 8), due on Friday, March 15.
• Be prepared to discuss the remaining Foman factors. What is the connection and distinction between undue delay and undue prejudice? What makes an amendment futile? How does relation back connect to futility? How can the court know that a proposed amendment is futile?
• Consider: In Zielinski, PPI moves for leave to
amend to change its answer to ¶ 5 to make clear it is not responsible
for the pier. What is Zielinski's argument for undue prejudice?
• What is the purpose of relation back and how does it operate? What are the procedural frames in which it can be raised?
• What are the underlying policies behind statutes of limitations? How does those policies connect to relation back?
• Consider the elements of relation back: How is notice created? What is the timing for that notice? What is the difference between "actual notice" and "imputed or constructive notice?" How might a new party obtain either kind?
• What is a "mistake concerning the proper party's identity?" How does it apply to a Doe pleading?
