Thursday, January 12, 2017

For Wednesday (Section C)

Wednesday audio. Remember no class on Monday.

Review the remaining Complaints to see the structural breakdown and organization.

We then move to Joinder of Parties and Claims, where our focus will be on FRCP 18(a), 20(a), and 21 (although obviously read everything). What are the benefits and drawbacks to the sort of broad joinder created by these rules? What are the different rules for joinder of claims as opposed to parties?

Consider what role FRCP 18 and 20 are playing in each of our Complaints. Are the claims and parties in our Complaints all properly joined and why?

Consider the following additional hypos:

1) Imagine that Krista Millea has a products liability claim against Walmart over a defective appliance she purchased there. Can she bring that claim in this action?

2) Imagine Smith was in an accident on a different day on the NJ Turnpike with a truck driven by a Walmart driver. Could he join the lawsuit in Morgan?

3) 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 two claims:
   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).