Commonwealth of Pennsylvania, Pennsylvania Game Commission v. Thomas E. Proctor Heirs Trust
BRIEF IN OPPOSITION re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM regarding Defendants' Counterclaim MOTION to Dismiss for Lack of Jurisdiction regarding Defendants' Counterclaim
Holding that while "a party defendant who claims a right of contribution or indemnity from third persons" may "implead the absent party under Federal Rule of Civil Procedure 14, it is not required to do so; and, if it does not, its right to bring a separate action for contribution or indemnity is unaffected"
In Herder Spring, our Supreme Court held that parties to a tax sale, held pursuant to the Act of 1815, had two years to challenge any irregularities regarding such sale and/or redeem the property at issue.
In Caremark, the Fifth Circuit stated, "[b]ecause sovereign immunity protects states from suit, orders denying dismissal on the basis of sovereign immunity are immediately appealable regardless of the district court's reasons for its decision."
158 F. Supp. 2d 476 (E.D. Pa. 2001) Cited 29 times
Holding that a party was nominal where no claims were asserted against it and where the party had no legally protected interest in the action, but rather had a "merely financial" interest in it
Explaining intent is significant issue in addressing severance and voluntary act by one tenant must be of "sufficient manifestation" that he or she is "unable to retreat" from the action creating severance
976 F. Supp. 2d 598 (E.D. Pa. 2013) Cited 6 times 1 Legal Analyses
Distinguishing insurance contracts from suretyships because the insurer and insured have a direct contractual relationship in the former, but a surety and a protected third party do not have a direct contractual relationship in the latter
Finding that "the declaratory judgment procedure may not be used to prejudge issues that are committed for initial resolution to an administrative forum, any more than it may be used as a substitute to establish in advance the merits of an appeal from that forum."
Fed. R. Civ. P. 19 Cited 9,742 times 55 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations