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?

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