Thursday audio--Section B (Section A was cut-off; coverage was the same). I am going to reiterate again: You must have the rules and documents with you (if you haven't picked them up, there is a box of them outside my office). And you must work from the texts themselves, not your notes.
Prepare and review all the material for Joinder of Claims and Parties.
• How does party joinder alleviate the concern for inconsistency?
• What is the defendant's procedural move when it believes parties or claims have been improperly joined? How does the party flag joinder for the court?
• 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), the Jones definition of "logical relationship," and the underlying policy goals. 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 as her sole claim in the litigation and/or along with her Loss of Consortium claims--why might the answers be different?)
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 of VOA necessary?
