§Why CasetextPricing

Lyons et al v. Litton Loan Servicing LP et al

MEMORANDUM OF LAW in Support re: 95 MOTION to Sever.. Document

14 Cited authorities

  1. Matter Allstate

    81 N.Y.2d 219 (N.Y. 1993)   Cited 684 times   2 Legal Analyses
    Holding that "there is no conflict between New York and New Jersey law," and that even if there were a conflict, "New Jersey law [would] govern"

  2. Hard Drive Productions, Inc. v. Does 1-188

    809 F. Supp. 2d 1150 (N.D. Cal. 2011)   Cited 191 times
    Holding joinder of more than one Doe defendant inappropriate in a BitTorrent copyright infringement action

  3. Visendi v. Bank of Am., N.A.

    733 F.3d 863 (9th Cir. 2013)   Cited 174 times   1 Legal Analyses
    Holding that plaintiffs' interactions with the defendants were not uniform and the factual disparities alleged were too great to support permissive joinder

  4. German v. Fed. Home Loan Mortg.

    896 F. Supp. 1385 (S.D.N.Y. 1995)   Cited 194 times
    Concluding that the plaintiffs pleaded their IIED cause of action sufficiently where landlords knowingly exposed tenants to lead paint, “a highly toxic substance to children,” thereby putting them at risk for physical and mental injuries

  5. Manufacturers Hanover Trust Co. v. Chemical Bank

    160 A.D.2d 113 (N.Y. App. Div. 1990)   Cited 213 times   1 Legal Analyses
    Holding funds identifiable where “[plaintiff] effected a wire transfer to [defendant] of a specific sum, $223,280.74, to be credited to a specific account”

  6. Kalie v. Bank of America Corp.

    297 F.R.D. 552 (S.D.N.Y. 2013)   Cited 100 times
    Finding that where there was "no common transaction or occurrence, severance and dismissal of the misjoined claims is mandatory"

  7. Peterson v. Regina

    935 F. Supp. 2d 628 (S.D.N.Y. 2013)   Cited 100 times
    Holding that "there would have been no basis for allowing their joinder in a single lawsuit," and explaining "[t]here is no allegation or evidence that these two arrests were related in any way. The arrests took place over a year apart, different officers were involved, different criminal charges were leveled, and the criminal prosecutions proceeded and ended differently."

  8. Peoples National Bank of Commerce v. First Union National Bank of Florida, N.A.

    667 So. 2d 876 (Fla. Dist. Ct. App. 1996)   Cited 86 times
    Concluding the plaintiff “could not and did not allege that it had directly conferred a benefit on the defendants,” and dismissal with prejudice was proper

  9. Liberty Mut. Fire Ins. v. E.E. Cruz Co., Inc.

    475 F. Supp. 2d 400 (S.D.N.Y. 2007)   Cited 34 times
    Finding conversion of motion to dismiss to summary judgment motion appropriate where defendant submitted materials outside the pleadings, and where plaintiff was allowed to present material opposing summary judgment

  10. Green v. CitiMortgage, Inc.

    13 CV 2341 (SJF)(AKT) (E.D.N.Y. Dec. 18, 2013)   Cited 3 times

    13 CV 2341 (SJF)(AKT) 12-18-2013 ROCHELLE GREEN, et al., Plaintiffs, v. CITIMORTGAGE, INC., et al., Defendants. SANDRA J. FEUERSTEIN OPINION AND ORDER FEUERSTEIN, J. On April 17, 2013, twenty-six (26) named plaintiffs, and one hundred (100) "John Roe" plaintiffs, commenced this action against defendants CitiMortgage, Inc.; Nationstar Mortgage, LLC; Bank of America, N.A.; U.S. Bank, N.A.; JPMorgan Chase Bank, N.A.; Wells Fargo Bank, N.A.; PNC Bank N.A.; and Ocean First Bank pursuant to this Court's

  11. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,248 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  12. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,410 times   13 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants