Holding that evidentiary hearings should be held to decide disputed factual issues when "a decision on a Rule 25(c) motion [would] effectively impose[] liability"
In Dunbar, for example, the post-trial affidavit that "directly contradicted important findings of fact" made by the trial court was sworn to by a witness that the plaintiff could not locate before trial, even after retaining a detective agency to search for the witness.
Finding that to protect the interests of the insured, the insured should have been able to proceed as a substituted party under Rule 25 to prosecute the action in her own name
Fed. R. Civ. P. 19 Cited 9,586 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