Review of Last Class II Who can challenge amendment changing party –Only original defendant can challenge Won't usually be motivated to do so, because will usually benefit from addition of another defendant Court can still deny because of its own analysis of fault, timing, and prejudice –New defendant has no grounds to object to timing of suit against it, except statute of limitations If sued after statute of limitations has run out, it can bring 12(b)(6) or summary judgment motion asking for ruling on statute of limitations If plaintiff raises relation back issue, defendant can argue that relation back in appropriate OR defendant explain why relation back is inappropriate in 12(b)(6) or SJ motion 7
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