10 Cited authorities

Acevedo v. Allsup's Convenience Stores
600 F.3d 516 (5th Cir. 2010) Cited 309 times
Holding that a district court erred by dismissing an “entire action, rather than simply dismissing the claims of any misjoined plaintiffs”
Wynn v. National Broadcasting Co., Inc.
234 F. Supp. 2d 1067 (C.D. Cal. 2002) Cited 178 times
Holding there is no claim for aiding and abetting violation of the Age Discrimination in Employment Act because the act does not specifically authorize such liability, in contrast with the California Fair Employment and Housing Act, which specifically does
Rappoport v. Steven Spielberg, Inc.
16 F. Supp. 2d 481 (D.N.J. 1998) Cited 81 times
Holding that a "conclusory allegation" that the defendants were part of a "strategic umbrella [of] collusion" was insufficient to justify joinder
Tuft v. Texas
397 F. App'x 59 (5th Cir. 2010) Cited 19 times
No. 10-20135 Summary Calendar. October 4, 2010. Robert Alexander Tuft, Tennessee Colony, TX, pro se. Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:09-CV-846. Before HIGGINBOTHAM, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR R. 47.5.4. Robert Tuft, Texas prisoner
Advamtel, LLC v. AT&T Corp.
105 F. Supp. 2d 507 (E.D. Va. 2000) Cited 25 times 1 Legal Analyses
In Advamtel, the court decided against staying the claims it did not refer because “the referred issue” was “secondary” to “the predicate, or primary issue” posed by the remaining claims, such that determination of the primary issue did “not depend in any way on the resolution of the issues referred to the FCC.” Id.
PPV Connection, Inc. v. Meléndez
679 F. Supp. 2d 254 (D.P.R. 2010) Cited 4 times
In PPV Connection, Inc., this Court determined that all co-defendants, except the first-named party, were improperly joined and dismissed without prejudice all claims against the defendants.
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,974 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,889 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 11,220 times 22 Legal Analyses
Granting courts authority to "issue orders-including an order for separate trials."
Rule 21 - Misjoinder and Nonjoinder of Parties
Fed. R. Civ. P. 21 Cited 7,403 times 13 Legal Analyses
Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

Opperman et al v. Path, Inc. et al

10 Cited authorities

Holding that a district court erred by dismissing an “entire action, rather than simply dismissing the claims of any misjoined plaintiffs”

Holding there is no claim for aiding and abetting violation of the Age Discrimination in Employment Act because the act does not specifically authorize such liability, in contrast with the California Fair Employment and Housing Act, which specifically does

Holding that a "conclusory allegation" that the defendants were part of a "strategic umbrella [of] collusion" was insufficient to justify joinder

In PPV Connection, Inc., this Court determined that all co-defendants, except the first-named party, were improperly joined and dismissed without prejudice all claims against the defendants.

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Granting courts authority to "issue orders-including an order for separate trials."

Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants