Kedra v. City of Philly
Permissive Joinder of Parties
Is 15 months of police brutality to 8 members of the same family "the same transaction or occurrence or series of such"?
H - it may be. We need to allow discovery to be sure. Dismissal request by Ds fails.
Notes:
Convenient trial package.
Same evidence.
Is 15 months of police brutality to 8 members of the same family "the same transaction or occurrence or series of such"?
H - it may be. We need to allow discovery to be sure. Dismissal request by Ds fails.
Notes:
Convenient trial package.
Same evidence.
Tags: Joinder
Source:
Source:
Insolia v. Philip Morris
Permissive Joinder, three former smokers.
H - permissive joinder not allowed, not same evidence, not common question of law or fact, not convenient trial package, b/c each of the three had vastly different histories. Weren't showing a consistent pattern of conspiracy in the tobacco cos.
H - permissive joinder not allowed, not same evidence, not common question of law or fact, not convenient trial package, b/c each of the three had vastly different histories. Weren't showing a consistent pattern of conspiracy in the tobacco cos.
Tags: Joinder
Source:
Source:
Janney v. Shepard Niles
Compulsory Joinder. Was Underwood necessary and indispensible? (w/o pty, relief cannot be granted. OR missing pty has interest which would be impeded in absence OR risk inconsistent allegations.)
H - Relief could be granted in Underwood's absence. Underwood didn't have an interest, b/c federal outcome would not be precedent for ongoing state litigation against Underwood. (Issue preclusion must be reasonably likely as a result, not just possible, and usually only occurs if parties are in privity, i.e. have some right of control).
Notes: Joint tortfeasors who may have to pay full amt if their co-feasor is not brought in is not "inconsistent allegations," b/c you know this at the start when you agree to a joint venture. Thus, Shepard Niles is SOL if Underwood isn't found liable in the state thing, even though they're joint tortfeasors.
H - Relief could be granted in Underwood's absence. Underwood didn't have an interest, b/c federal outcome would not be precedent for ongoing state litigation against Underwood. (Issue preclusion must be reasonably likely as a result, not just possible, and usually only occurs if parties are in privity, i.e. have some right of control).
Notes: Joint tortfeasors who may have to pay full amt if their co-feasor is not brought in is not "inconsistent allegations," b/c you know this at the start when you agree to a joint venture. Thus, Shepard Niles is SOL if Underwood isn't found liable in the state thing, even though they're joint tortfeasors.
Tags: Joinder
Source:
Source:
Pulitzer-Polster v. Pulitzer (notes)
Like Janney, similar suits pending in state and federal ct. Co-beneficiaries of a trust, necessary parties in the federal suit brought by another beneficiary against the trustee. Came out differently - due to the fact that it was a complicated large doc, rather than (in Janney) an oral joint venture.
Tags: Joinder
Source:
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
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