Wednesday audio--Section A, Section B. Essay # 3 due in class tomorrow.
From Holmes, analyze for yourselves the claims by Jasper against Holmes and Holmes against Jasper--what rules and are they permissible. For tomorrow, we have some clean-up on Responsive Pleadings: What is the difference between an affirmative defense and a counterclaim? Consider the plaintiff in a tort claim being negligent in some way and the plaintiff in a contract claim having committed fraud in the inducement. What is the problem with Winston's Eighth Affirmative Defense?
What happens if the defendant fails to respond to a pleading that requires a responsive pleading? What happens if the plaintiff decides not to pursue the case?
We turn to Amendments, the last piece of pleading. Prep everything for Friday. Remember that we already discussed how to choose between FRCP 15(a)(1)(A) and (B), so review those notes. For timorrow, prep FRCP 15(a)(2), Foman, and review Zielinski.
• What might a party do in amending a pleading that states a claim for relief? What might a defending party do in amending a responsive pleading? Review the facts and procedure in Zielinski and Krupski and consider arguments around different possible pleadings.
• How do the 15(a)(1) time periods work? What is the latest a party can amend and what is the earliest?
• When must a party look to FRCP 15(a)(2)? What should a party do if a pleading is improperly filed under FRCP 15? What happens in the following: plaintiff files a complaint, amends with leave of court, files a new complaint, then files a new amended complaint without seeking leave of court?
• What is the effect of the amended complaint and previously filed pleadings and motions?
• How do amendments affect FRCP 7(a) designations for pleadings stating a claim and for responsive pleadings?
• What should the last document be called?
• A files a complaint
• X files an answer
• A files a complaint
• X files an answer
• A files a complaint
• X files __________
• What should the last document be called?
• A files a complaint
• X files a 12(b)(6)
• A files a complaint
• X files a 12(b)(6), which the court denies
• X files an answer
• A files a complaint
• X files an answer
• A files a complaint
• X files an answer
• X amends to file a _______
• Do Winston's eight and ninth affirmative defenses have any force or effect?
• How does FRCP 15(a)(2) connect to dismissals with or without prejudice?
• What are the six considerations for leave in Foman?
• 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?
