1 permitted by the law that provides the sol

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(1) permitted by the law that provides the SOL applicable to the action, 2. (2) claim/defense asserted arises out of same T/O in the original pleading, or 3. (3) the amendment changes the party against whom the claim is asserted 1. § (2) must be satisfied (same trans/occur) and 1. Party to be brought in has notice w/in time required for service under 4m (∆ needs to have notice within 120 days from filing) 1. notice of action – notice w/in period for delivery of original complaint to original party, that action against original party had been filed 1. so that the party brought in won’t be prejudiced in maintaining a defense on the merits 2. notice that they were the intended party: new ∆ K/SHK that but for a mistake concerning the identity of the party, the action would have been brought against him 1. What is valid notice? Basic rule: 1. sufficient notice where a party who has some reason to expect his potential involvement as a ∆ hears of the commencement of litigation through some informal means 2. In other words: The new ∆ must be served w/in time of rule 4(m) (120 days), and this new ∆ knew/SHK inside that 120 days after the amended complaint is filed w/ crt that they were the proper party but only reason why they weren’t served in the first place was b/c of a mistake 1. Mistake is a tricky concept: was it that it was an error on s part, simple ignorance... 2. Relation back of a ∆ depends on when that ∆ knew or should have known that they might be a party to a suit 1. Krupsky v. Costa Crociere : When does the time line for amending a complaint toll for adding a ∆ who should have originally been named, but for a mistake on the ’s part? 1. Rule: Relation Back under 15(c) depends on what the party to be added knew or should have known, not on the amending party's knowledge or its timeliness in seeking to amend the pleading 3. Hypo Relation Back Timelines a. sol Injury amnd service w/ new ∆ 4(m) time This is OK w/ regard to 15(c) b. sol Injury amnd service w/ new ∆ 4(m) time 12
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Not OK under 15(c) 13
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IV. PARTIES AND CLAIMS: ESTABLISHING THE STRUCTURE AND SIZE OF THE DISPUTE 1. Joinder of Claims and Permissive Joinder of Parties: Fed. R. Civ. P. 18 and 20 1. R18: Joinder of Claims: a party seeking relief from an opposing party may join as many additional claims he has against that opposing party (a has several different actions against a ∆, the question becomes: can they all be consolidated under one pleading?) Multi claims under a single pleading, but they all have to be under SMJ 1. Joinder under R18 is about the pleading 1. A party can join all the claims she has against the opposing party (but joinder of claims is never required by R 18(a), although res judicata may induce one to join the claims) 1. claims don’t need to be related 1. Applies to Π s, s, and 3d parties (and counterclaims, cross-claims, 3d-party claims) 1.
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  • Spring '10
  • Arkin
  • Fed, Personal jurisdiction

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