Petition of the day

By Maureen Johnston
on Jun 30, 2014 at 10:12 pm

The petition of the day is:

Issue: Whether the “freely given” standard for the amendment of pleading embodied in Federal Rule of Civil Procedure 15(a), and espoused in Foman v. Davis, applies to a motion to amend timely filed after the entry of judgment, as held by the Third, Fourth, Fifth, Sixth, and Tenth Circuits, or whether the entry of judgment categorically forecloses any application of Rule 15(a), as held by the First, Seventh, Ninth, and Eleventh Circuits.