1) A, B and C, each driving separate cars, get
into a car accident. May both B and C join to sue A? Must they? May A
sue both B and C? Must he?
2) P entered into two contracts, one for D1 to
build him a house and one for D2 to mow his lawn. D1 and D2 each breach
their contracts, claiming that a term in the contract is
unconscionable. The same term is at issue in both contracts. May P sue
D1 and D2 in the same suit for breach of contract?
3) P (Cal.) got into a car accident in Oregon with
D1 (Oregon). Immediately after the accident, P went to his doctor D2
(Nev.), who, P claims, exacerbated the damages from the accident. P
sues D1 and D2 in federal court in Oregon. Is joinder of D1 and D2
appropriate under 20(a)? Is there venue in D. Ore. for P's actions
against D1 and D2? Is there PJ over D1 and D2 in federal court in
4) P sues D1 and D2 for a 4-car pileup in Vermont.
May D1 join X, who was the driver of the fourth car for his damages?
May D1 cross-claim against D2 for damages D2’s car did to D1’s car? May
D1 join X to that cross-claim?
5) P sues D for battery concerning P’s damages from a barroom brawl? May D counterclaim against P for his damages from a different brawl between P, D, and X? May D join X to this counterclaim?
1) P, Z, and X are in a barroom brawl. P sues Y,
Z’s employer on the ground that Z’s battery was committed in the course
of employment. May Y implead Z? May Y implead its insurer I?
2) Assume that P sues Z alone. May Z implead X?
3) P (NJ) sues D (NY) in S.D.N.Y. Suit is under MD
battery law concerning a brawl between P and D in MD. May D join an
indemnification action against X, his insurance company? Is there SMJ
for P's suit against D if X's state of incorporation is NJ? Is there
SMJ for D's impleader against X if X's state of incorporation is NY?
4) Continuing 3.
Assume that X insurance company is incorporated in Cal. and has its PPB
in Cal. X has done no business and has no presence in the state of New
York. Would there be venue for D's suit against X if it were an
independent suit brought in the S.D.N.Y.? Is this a problem for D's
joined indemnification action?
5) Continuing 3.
Imagine that there is PJ over X. D is found liable and it is determined
that X must indemnify D under the insurance contract. Subsequently X
sues D in New York state court for premiums that were past due at the
time of D's impleader against X. May the suit proceed?