CompulsJoinderIssues&Terms

CompulsJoinderIssues&Terms - the action expose him to...

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I. Compulsory joinder of parties A. rule 19: a party who must be joined 1. 2 types of parties subject to compulsory joinder a. indispensable, b. necessary 2. Indispensible: an outsider who is deemed indispensable must be joined if feasible when either a. complete relief: his joinder is required in order to give complete relief to the parties (or); b. prejudice: without that party, the preceding would be substantially prejudicial because it would either: i. impede the non-party's ability to protect his interest in later proceedings (or); ii. expose the existing parties to the risk of multiple liability or inconsistent obligations c. if either of these (complete relief or prejudice) and the nonparty can be joined he must be joined i. If he cannot, the court must determine if, either equity or good conscience precludes the action from dismissal using 4 factor test (a) 4 factors that determine if dismissal is inappropriate (1) prejudice: extent to which absence of a party will be prejudicial to either that party or the existing parties (with
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Unformatted text preview: the action expose him to future action?) (2) framing of judgment: extent to which prejudice may be lessened or avoided? (3) adequacy of remedy: can adequate remedy be rendered in outsiders absence? (4) result of dismissal: will have an adequate remedy should there be a dismissal? 3. Necessary parties: those parties who, if not joined, do not result in dismissal 4. Compulsory joinder is not covered by supplemental jurisdiction a. if the outsider is indispensable it must be determined whether he creates jurisdictional issues i. subject matter jurisdiction: will the indispensable party destroy diversity ii. personal jurisdiction: is the indispensable party outside of the long arms statute's coverage iii. venue: because jurisdiction in the District Court is based on common residence in the same state and the nonparty does not live in that state, his objection to venue will result in dismissal...
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