Friday audio--Section A, Section B. Essay # 3 due at the beginning of class next Thursday. Essays ## 4 and 5 will be posted during the first week after spring break. The Preliminary Exam will go up the second week after break.
We dive into the weeds of FRCP 14 and the downstream claims in 14(a)(2), (a)(3), and (a)(5). Work through Holmes; identify each claim, its label, the controlling rule, and whether it can be included in the action. Consider the role that FRCP 18(a) plays in all of this.
• What does the logical relationship require? What are its limits, according to Jones?
• Were Ford's counterclaims permissive or compulsory? Are Winston's counterclaims permissive or compulsory?
• Consider whether the counterclaims in the following case are permissive or compulsory:
Consumers Union publishes Consumer Reports Magazine. CR publishes a negative review of some stereo products made by Bose. Bose holds a press conference to announce plans to sue Consumers Union for trademark infringement, then files the lawsuit, asserting one claim. Consumers Union wants to assert two counterclaims: Defamation (arising from false statements at the press conference) and Abuse of Process (alleging that the trademark claim is so frivolous as to be tortious).
• What is the difference between an affirmative defense and a counterclaim? Can the same legal rules serve as both? Consider fraud and contributory/comparative negligence. What happens if a party mixes them up?
My plan is to finish Reponsive Pleadings on Wednesday, then move to Amendments on Thursday and Friday.
