Amendments

1
Amendments Relation Back
2
Relevant Prejudice Under 15(a)?
Opponents Position if Amendment is Allowed
Opponents Position if Amendment is Denied
Opponents Position if Amendment Had Been Pled
Originally
vs
3
Relation Back
4
Effect of Relation Back
Amended Complaint Filed
Complaint Filed
S/L Runs
5
Simple Case No New Parties

• What is the standard for relation back? See 15(c)
  (2)
• Arises out of the conduct, transaction, or
  occurrence set forth . . . in the original
  pleading.
• What is the standard for compulsory
  counterclaims? See 13(a)
• Arises out of the transaction or occurrence that
  is the subject matter of the opposing partys
  claim.

6
Are These the Same?
Arises out of the conduct, transaction, or
occurrence set forth . . . in the original
pleading.
Arises out of the transaction or occurrence that
is the subject matter of the opposing partys
claim.
Should they have the same interpretation?
7
Gold Dust Casino Inc
Complaint
Negligent Maintenance
P
Doe 1 Doe 4
Own or Have Interest
Amended Complaint
Cavanaugh Properties
Defective Construction
Ignoring new party, should A/C relate back?
8
Players Relationships
John Cavanaugh
Gen Ptr of
Pres of
Gold Dust Inc
Cavanaugh Properties
Operating Co
Owns Building
9
Gold Dust Facts
Complaint Filed
S/L Runs
10
Standard for R/B If New Party Added

• Same transaction (discussed before)
• Within the time specified in 4(m)
• New party receives notice of suit adequate to
  prevent prejudice
• New party knew or should have known that, but for
  a mistake about identity, suit would have been
  brought against new party

Did Schwartz meet this standard?
11
Does Amendment Relate Back?
Amended Complaint Filed
Complaint Filed vs. Joe Jr.
4(m) 120 days
S/L Runs
Joe Jr. tells Joe Sr. who says, Ha Ha! They
should have sued me!
12
120 days after what?
Text-Based Answer (Case Book)
120 days after Complaint filed
Complaint Filed
A/C Filed
S/L Runs
120 days after S/L
Logical Answer Based on Purpose