Wednesday audio--Section A, Section B.
Review all materials for Joinder of Claims and Parties.
• What work does FRCP 18(a), 20(a)(1), and 20(a)(2) do (or not do) in each of our complaints?
• What are the reasons behind the broad scope of joinder of claims in FRCP 18(a)? (Hint: Don't stop with simple efficiency).
• What are the benefits and drawbacks to broad (but not unlimited) joinder of parties under FRCP 20(a)(1)? How do the rules strike the balance between those benefits and drawbacks?
• The phrase "same transaction or occurrence" appears in several rules. See p.454 in Jones v. Ford Motor for the common definition that courts also use for FRCP 20(a) (in addition to FRCP 13, at issue in Jones).
• What does this mean about the facts giving rise to different claims between different parties?
• What is the defendant's procedural move when it believes parties or claims have been improperly joined? How does the party flag this for the court?
• Be ready to discuss whether joinder of parties and claims is proper in Morgan, Godin, and VOA, applying the text of 18(a) and 20(a) and Ford's definition of In particular, 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 VOA:
BSO and VOA had a previous deal, from 10 years ago, for the symphony to use VOA photos in a performance. BSO has never paid for the use of those photos.
• 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.
• How do FRCP 8(d)(2) and (3) affect the VOA complaint? Is the language in ¶¶ 68-74 necessary?
