Thursday, April 22, 2010
We covered earlier the cert. grant in Krupski v. Costa Crociere, S.p.A., No. 09-337, a case involving the relation-back provision of FRCP 15(c)(1). The transcript from yesterday's much-anticipated oral argument is available here.
A central issue in the case is Rule 15(c)(1)(C)'s requirement of a "mistake concerning the proper party's identity." On what qualifies as a "mistake," the argument includes this priceless exchange involving Justice Breyer and Justice Scalia:
JUSTICE BREYER: Have you ever driven a car where your wife has said turn left and you have turned right?
JUSTICE BREYER: Has that ever happened to you?
MR. GLAZIER: Yes.
. . .
JUSTICE BREYER: . . . Did you do it by mistake? Yes, of course, you did. It's happened to every human being. There are millions of instances in which people do things by mistake where, in fact -
JUSTICE SCALIA: I think your wife made a mistake. I don't think you made a mistake.
JUSTICE BREYER: No, my wife does not make mistakes.
For additional coverage of the Krupski argument, see Blog of the Legal Times (Justice Breyer: My Wife is Infallible) and PrawfsBlawg (Justices struggle with civil procedure).