Thursday audio--Section A, Section B.
Prepare and review all the material for Joinder of Claims and Parties.
• Be ready to discuss whether joinder of parties and claims is proper in Morgan and Godin, applying the text of 18(a) and 20(a) and the above definition of "logical relationship." Be ready to talk through your analysis as if you were writing an essay--Rule, Explanation, Application.
• Consider whether the following additional claims could be included in Morgan:
Krista Millea wants to bring a products liability claim against WalMart, arising from her purchase of a defective toaster. (Consider whether she can include this claim standing alone and/or along with her Loss of Consortium claims).
Jones
was injured in an accident with a different WalMart truck, driven by a
different driver, one month after the Morgan accident, on a different
stretch of the New Jersey Turnpike. (Be ready to argue both sides of this one)
• How do FRCP 8(d)(2) and (3) affect the VOA complaint? Is the language in ¶¶ 68-74 necessary?
• How do FRCP 19, 24, and preclusion (discussed in the Glannon reading) limit the usual permissiveness of FRCP 18 and 20(a)?
• Consider: Wood used to work for Zambelli; he left to work for Pyrotechnico, a rival of Zambelli. Zambelli sues Wood to enforce a non-compete agreement and for a court order prohibiting Wood from working for Pyro. Looking at FRCP 19(a), must Pyro be included in this action? What if Pyro wants to be included?
