Civ Pro Joinder question

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fl41
Posts: 2
Joined: Sat Dec 08, 2012 12:16 pm

Civ Pro Joinder question

Postby fl41 » Sat Dec 08, 2012 12:24 pm

Joinder question. We want to get as many claims and people joined together at once.
M was driving his car with 2 passengers: N and O. M’s steering fails (P is the MFG of the steering mechanism) and M hits Q. Then R then hits Q and M.

M is from California
N is from California
O is from Mississippi
P is from Iowa (incorporated and principle place of business there)
Q is from California
R is from Iowa

We want to add as many claims and parties at once for the case to be held in a California District Court. Who and what claims can be joined? Every claim will exceed the $75,000 requirement for diversity jurisdiction.

mr.hands
Posts: 892
Joined: Fri Jul 13, 2012 4:23 pm

Re: Civ Pro Joinder question

Postby mr.hands » Sat Dec 08, 2012 3:14 pm

Who's suing? Need more info on who's bringing suit

SportsFan
Posts: 722
Joined: Thu Oct 11, 2012 5:26 pm

Re: Civ Pro Joinder question

Postby SportsFan » Sat Dec 08, 2012 3:22 pm

mr.hands wrote:Who's suing? Need more info on who's bringing suit

Yeah, need to know who's suing who.

fl41
Posts: 2
Joined: Sat Dec 08, 2012 12:16 pm

Re: Civ Pro Joinder question

Postby fl41 » Sat Dec 08, 2012 5:07 pm

In this hypo it doesn't particularly matter who sues who. The goal is to get as many claims and parties into one suit as possible under Federal Rules of Civil Procedure.

FLaker
Posts: 8
Joined: Wed Jan 28, 2009 4:35 pm

Re: Civ Pro Joinder question

Postby FLaker » Sat Dec 08, 2012 7:43 pm

Without more information, this seems like a pretty straight forward permissive joinder issue. Under FRCP 20, the accident is the same transaction/occurence, and there are questions of law and fact that are common to all parties (tort liability).

mr.hands
Posts: 892
Joined: Fri Jul 13, 2012 4:23 pm

Re: Civ Pro Joinder question

Postby mr.hands » Sat Dec 08, 2012 7:58 pm

fl41 wrote:In this hypo it doesn't particularly matter who sues who. The goal is to get as many claims and parties into one suit as possible under Federal Rules of Civil Procedure.


Uh yeah it does. We need diversity of citizenship. If we have california on both sides we'll have some problems




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