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33. Is the court likely to grant the plumber's motion to strike the manufacturer's amended answer?
The manufacturer's answer admitted that the manufacturer designed the widget. Ten days after the manufacturer filed her answer, the statute of limitations ran on the plumber's claim. Five days after that, the manufacturer filed an amended answer, denying that the manufacturer designed the widget that injured the plumber. The plumber moved to strike the amendment to the answer.
A plumber filed suit against a manufacturer in federal court in State A alleging that a widget was negligently designed by the widget's manufacturer, causing injury to the plumber.
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A is incorrect. A party may, within 21 days, move to strike any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The FRCP also permit courts to strike insufficient defenses, and courts strike pleadings for reasons beyond those listed previously.
C is incorrect. The manufacturer is entitled to amend its answer and is not bound by the admissions in the initial answer such that it may not correct them. The manufacturer does not have to obtain the leave of the court to make an amendment within 21 days after service of the answer.
D is incorrect. On the contrary, the plumber would be able to amend and add a claim against the true designer because it would relate back to the original claim against the manufacturer, which was filed before the statute of limitations ran.