Joinder

Question 1

When is Joinder Compulsory or Permissive

Answer 1

It is a compulsory joinder question if the call of the question asks whether the defendant’s motion to dismiss for failure to join should be granted.

It is a permissive joinder question if the call of the question asks whether the plaintiff’s motion to add a defendant should be granted.

Question 2

Joinder Analysis, Step One

Answer 2

Is joinder proper? Joinder is proper (where the party is necessary) if

(1) in the person’s absence complete relief cannot be accorded; or
(2) the person claims an interest relating to the subject matter without that without the party may (a) impair or impede the person’s ability to protect the interest or (b) leave any remaining party subject to substantial risk of incurring double or inconsistent obligations

Question 3

Joinder Analysis, Step Two

Answer 3

Is joinder possible without destroying jurisdiction?

This requires an analysis of whether joinder destroys complete diversity.

Question 4

Joinder Analysis, Step Three

Answer 4

If joinder is not possible, is the absent party indispensable? Court considers the following factors when deciding whether the action should proceed or be dismiss:

(1) the extent to which a judgment rendered without the party might prejudice the person or other parties;
(2) whether the prejudice can be avoided by appropriately shaping the relief;
(3) whether adequate relief can be granted without the person
(4) whether plaintiff has an adequate remedy if the action is dismissed