Documentos de Académico
Documentos de Profesional
Documentos de Cultura
R17 (real party in interest) 28 USC 1359 e.g. Rose v. Giamatti 28 US 1332(c)(2) substantive right to recover Improper/collusive devices to create DJ Legal rep. of estate = ctzn of decedent/imfant/incompetent = res. Adjudicate (same parties)(same as privity) Same for DJ (ctznship)
Joinder by Ps
R18 Any claims! (even UNRELATED) But- Cts discretion (R21) Separate Tr. (20b/42b) AiC can be aggregated (important for Sup-J)
J is a separate issue
Permissive Counterclaim 13(b) 13(f) 60(b) Mercoid v. Mid-Continent Co. R 4(K)(1)(B) service if R19 only 13(a) ANOTHER ACTION PENDING OR PJ BY ATTACHMENT
Compulsory Counterclaims
Oversight/ Excusable neglect Exception to 13(a) (possibly) for patent antitrust counterclaim
R21 misjoin/non-join Stateless citizen 1332----- p977 Grupo Dataflux v. Atlas Global Group Exxon Mobile v. Allapattah
Ct can cut /add so not to dismiss Parties cant cure J by changing their status post filing Ps joined under R20 (yes Div. Ctzn, but no AiC) = sup J 1367 only mentions claims against R20 jaoined defendantsz
JOINT TORTFEASERS =/= REQ. PARTY! (dont even satisfy 19a, so ~ reach 19b (controlled by R20) 1) Ps interest in preserving a fully litigated judgment was controlling unless countered by greater opposing considerations, 2) the Ds interests in joining Dutcher were foreclosed by their failure to move for such a joinder before judgment was entered, 3) the absent party's interests were not foreclosed by his failure to be joined and the judgment entered by the trial court therefore does not bind him and causes his rights no harm as a result, 4) the efficiency of the judiciary may have been benefitted from an attempt to find a more suitable forum for the controversy before judgment was entered but, after judgment was entered, efficiency would best be served upon appellate review by preserving the trial court's judgment. Intervener needs standing to appeal. Desire to prevent adverse precedent may suffice to intervene Denyal of permissive intervener ~ immediately appealable MUST JOIN IF AFFECT TAKING cant expect to join in volutrily st Wait and see how 1 case turns out, then get another bite at the apple. (gov. crim. Suit, followed by several civ. Actions, lost, then the P didnt appeal, but other Ps appealed. P1 was claiming change of circ. when Circ. Ct. reversed.