Thursday audio--Section A, Section B.
We continue with Amendments; prep the remainder of this section.
• On the connection between dismissal with or without prejudice--what would happen if the court dismissed a complaint but did not specify the terms? What would the plaintiff do and how would the court respond?
• Be prepared to discuss the Foman factors; what do they mean and how do they relate to the text of FRCP 15(a)(2)? What is the connection and distinction between undue delay and undue prejudice? What makes an amendment futile?
• What does it mean for a pleading to relate back? 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 do 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?
