Question
Reva, a stellar student, is upset to learn that Joan, the class entrepreneur, secretly copied her detailed Civil Litigation notes. After months of negotiating with
Reva, a stellar student, is upset to learn that Joan, the class entrepreneur, secretly copied her detailed Civil Litigation notes. After months of negotiating with Joan prove fruitless, Reva sues Joan in federal court for copyright infringement, asking for $5,000 in damages.
Three months after serving the complaint, Reva discovers that on the same day Joan copied her Civil Procedure notes, she also copied her Legal Research notes. She wants to amend her complaint to add a second claim for copyright infringement. However, given that Joan has not yet filed or served an answer, she is unsure how to amend. In addition, she is unsure whether the amendment will be effective. The statute of limitations on the infringement claims expired three weeks after the original complaint was filed.
How may Reva amend her complaint? Given that the statute of limitations has expired, will the amendment do her any good? Explain.
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