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All main topics / Law / Civil Law / Civil Procedure 1L
Janney v. Shepard Niles
Compulsory Joinder.  Was Underwood necessary and indispensible? (w/o pty, relief cannot be granted.  OR missing pty has interest which would be impeded in absence OR risk inconsistent allegations.)

H - Relief could be granted in Underwood's absence.  Underwood didn't have an interest, b/c federal outcome would not be precedent for ongoing state litigation against Underwood. (Issue preclusion must be reasonably likely as a result, not just possible, and usually only occurs if parties are in privity, i.e. have some right of control). 

Notes: Joint tortfeasors who may have to pay full amt if their co-feasor is not brought in is not "inconsistent allegations," b/c you know this at the start when you agree to a joint venture.  Thus, Shepard Niles is SOL if Underwood isn't found liable in the state thing, even though they're joint tortfeasors.
Tags: Joinder
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




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