1. Thurs., Oct. 12

2. Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

3. (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention.

4. (b) Representations to the Court
(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

5. (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

6. (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous [good faith] argument for extending, modifying, or reversing existing law or for establishing new law;

7. (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

8. 11(c)(2) Motion for Sanctions
11(c)(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.

9. SUSSMAN v. BANK OF ISRAEL (2d Cir. 1995)

10. court’s inherent power?

11. 28 U.S. Code § Counsel’s liability for excessive costs Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.

12. amendment

13. 15(a) Amendments Before Trial. (1) Amending as a Matter of Course
15(a) Amendments Before Trial. (1) Amending as a Matter of Course.  A party may amend its pleading once as a matter of course within:  (A) 21 days after serving it, or  (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

14. P files a complaint and serves D in accordance with R
P files a complaint and serves D in accordance with R days later, D answers, introducing the defense of failure to state a claim 20 days after that, P tries to amends his complaint as a matter of course to respond to D’s defense can he?

15. P files a complaint for negligence and serves D in accordance with R
P files a complaint for negligence and serves D in accordance with R days later, D answers, introducing the affirmative defense of contributory negligence 20 days after that, D makes a motion to amend his answer “as a matter of course” to include the defense of lack of personal jurisdiction does this work?

16. P files a complaint for negligence and serves D in accordance with R
P files a complaint for negligence and serves D in accordance with R days later, D answers, denying negligence, introducing the affirmative defense of contributory negligence, and adding a counterclaim against P for negligence 21 days after that, P answers the counterclaim (denying negligence) days after that, D makes a motion to amend his answer “as a matter of course” to include the defense of lack of personal jurisdiction does this work?

17. 15(a)(2) Other Amendments
15(a)(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

18. scheduling order

19. freely give leave when justice so requires… factors?

20. Beeck v Aquaslide (8th Cir. 1977)

21. amendment during trial

22. relation back

23. 15(c) Relation Back of Amendments. (1) When an Amendment Relates Back
15(c) Relation Back of Amendments.     (1) When an Amendment Relates Back.  An amendment to a pleading relates back to the date of the original pleading when:         (A) the law that provides the applicable statute of limitations allows relation back;         (B) the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out — or attempted to be set         out — in the original pleading; or…

24.   - P sues D (within the statute of limitations) for breach of contract - after the statute of limitations had passed, P amends his complaint to include a new theory of liability – promissory estoppel (which does not require a contract) - is P’s action for promissory estoppel time barred?

25. - P sues D (within the statute of limitations) for battery - after the statute of limitations had run on his battery action against D, P amends his complaint against D to include a breach of contract action - is it time barred?

26. Bonerb v. Richard J. Caron Foundation (WDNY 1994)

27. - P sues D for negligent manufacturing because the product he bought blew up in his face - after the statute of limitations ran, he amended his complaint to allege negligent hiring of workers – in particular the hiring of an employee with a criminal record for maliciously putting bombs in products

28. - P sues D for battery within the statute of limitations - After the statute of limitations has run, he find out that X is the one who committed the battery - P amends the complaint to name X and serves X - relation back?

29. - P sues an individual doing business under the name of "Malibou Dude Ranch" - after the limitations period had run P discovered that the owner of the business was "Malibou Dude Ranch, Inc.," a corporation, and that the individual was merely the corporation's agent, who was competent to receive service on behalf of the corporation - P amends the complaint to name the right defendant and serves the individual again - relation back?

30. 15(c)(1)(C) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 15(c)(1)(B) is satisfied and if, within the period provided by Rule 4(m) for serving the summons and complaint, the party to be brought in by amendment: (i) received such notice of the action that it will not be prejudiced in defending on the merits; and (ii) knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.