Misjoinder & Nonjoinder

Question 1

Reasons for misjoinder

Answer 1

(1) Improper joinder: joinder not authorized by the rules.
- -Result: severance (unless jurisdictional defect, in which case just drop the defective party)

(2) Justice: prejudice results from trying the two cases together (e.g. boss and minor player together)
- -Result: severance

(3) Venue: improper venue
- -Result: sever and transfer

Question 2

Mechanisms for Challenging Misjoinder

Answer 2

Sever problematic claim/party

Drop/Dismiss problematic party

Add necessary party (Rule 19)

Misjoinder is not a ground for dismissing the entire action.

Question 3

Severance

Answer 3

Rule 42(b) -broader (need to know!)

Reasons:

(1) Convenience
(2) Prejudice
(3) Efficiency

Rule 20(b)
Reasons:
(1) Prejudice

Note: NO severance if there’s a crossclaim.