Rules 18 and 20: Joinder

Rule 18 and Rule 20
  • The Rules allow plaintiffs to combine any and all claims against a single defendant.
  • Just because joinder is proper under Rules 18 or 20, doesn’t mean that joinder isn't going to raise problems with subject matter and (to a lesser extent) personal jurisdiction.
    • For example, just because can join, may not be able to invoke supplemental jurisdiction unless everything arose from single case or controversy/transactions...
    • In other words, FRCP joinder rarely the problem:
      • Usually subject matter, supplemental, personal or even venue...
    • See also Rule 13 and its requirement of "compulsory counterclaims" (for example, McDonalds v. Martino, in preclusion)
      • Adding a counterclaim, not plaintiff bringing more than one claim.
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Related Notes

Related Commentary