We continue with Joinder. Consider the two hypos we did not get to today:
1) Smith was in an accident on a different day on the NJ
Turnpike with a truck driven by a different Walmart driver. Could he join the
lawsuit in Morgan?
2) Mr. McCormick was drinking one evening at a bar owned by Huls. While
driving home from the bar, he is killed when he is in an collision with a
truck driven by Kopmann. Mrs. McCormick wants to bring a lawsuit with
1) v. Huls for a violation of the Dram Shop Act (a statute imposing
liability on a bar for injuries involving patrons who leave intoxicated)
2) v. Kopmann for Negligence (in a state where the plaintiff must prove she was not contributorily negligent).
Can she bring both in a single action? What is the special joinder problem here? What is the risk if McCormick files two separate lawsuits?
Look over FRCP 19, 24, and 42, which we will discuss as limits on the permissive nature of Joinder.
Then move on to Rule 11 and Honesty in Pleading, which we will begin and then pick-up in earnest next Monday. Make sure you look at the assigned committee notes (from 1983 and 1993) and see how the Rule changed in 1993 and why.