Civ Pro - FRCP - Rule 19 Question Forum

[dkb17xzx]

Does Rule 19 apply only to joining parties in a lawsuit or does it extend to joining them in claims as well?

So suppose

A sues B (for breach of K) and C for negligence. But C was an integral part of the K and should be sued for breach as well. Can you use Rule 19 to extend a breach of K to C?

Diagram:

A ----> B (Breach of K)
A ----> C (Negligence)

QUESTION(EDIT): can the court compel A to file a breach of K against C using Rule 19? And, as the lawsuit currently stands, can B bring a 12(b)(7) motion for C not being a party to the breach of K claim?


THANK YOU IN ADVANCE - Exam tomorrow so I may not be able to respond but I do appreciate your efforts.

[tww909]

if you're just asking if A can bring the claim against C the answer is yes. See Rule 18(a). Depending on the facts surrounding the contract I could see them being a necessary party, but be careful if your only basis for bringing that claim is the potential for joint and several liability, because (at least in the tort context), the potential for joint and several liability only makes a party permissive, not necessary.

[dkb17xzx]

Thanks for the response.

I think I may have not asked my question correctly. What I am trying to figure out is - can the court compel A to file a breach of K against C using Rule 19? And, as the lawsuit currently stands, can B bring a 12(b)(7) motion for C not being a party to the breach of K claim?

[homestyle28]

Also watch out for Supplemental jurisdiction issues if A v B is in fed ct based on diversity

[dkb17xzx]

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