GeoCitesSites.com

Joinder Hypo

By Mark Dallas

A and B meet in a hotel lobby to discuss business. A sells B $10,000,000 worth of securities in violation of the Federal SEA. A and B leave. In the parking lot B gets into his monster truck "Bigfoot". A drives a Mercedes worth $60,000. Unknown to B, he drives over A's car in the parking lot, crushing the car but A is not injured. C had a suitcase in A's trunk that was damaged, contents worth $2,000. D, the owner of the hotel, incurs a loss of $10,000 as a result of A's burning cigarette he left in the lobboy.

If A and B are citizens of different states:

1. B sue A under the SEA in Fed ct. May/must A assert his claim against B for damage to A's car?

2. If A counter claims, may/must C join?

3. In any suit between A and B, may/must D join?

If A, B, C, D are all citizens of the same state, reconsider the above questions. Any difference?


This material is copyrighted by the author. Use of this material for profit is strictly prohibited without the written permission of the author.

Go Back to Law School Notes