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Civ Pro Case Listing

Rule 8, 12(b)(6) Pleading. Failure to State a Claim

Swierkiewicz v Sorema N.A. (p. 436)

Bell Atlantic v Twombly (p. 441)
Iqbal v. Ashcroft (p. 455)

Rule 15 Amending a Pleading

Beek v. Aquaslide (p. 509)
Krupski (Costa Cruise)(p. 517)
It was the wrong defendant, but the correct one knew of the suit - they
were related companies and shared counsel.
Mistake - deliberate but mistaken choice does not remove the ability to
Delay - speed of movement to amend has no bearing on whether or
not it relates back
Knew - in regards to what the defendant knew or should have known,
the burden is on the defendant, not the plaintiff.
Worthington - (John Doe Cops) (p.526)

Unknown John Doe as plaintiff.

This was not a mistake (an error) but rather a lack of knowledge.
Seems to shift burden back towards the plaintiff

Rule 13 Counter Claim & Crossclaim

U.S. v. Heyward - Robinson Co. p. 564
Same transaction: broadly defined, depending not so much on the
immediacy of their connection as upon their logical relationship.
Broad, realistic interpretation in the interest in avoiding a multiplicity of

Rule 19 Required Joinder of Parties

Mastercard v. Visa (FIFA)
Republic of Philippines v. Pimentel

Rule 20 Permissive Joinder of Parties

Rule 20(1) - must arise out of the same transaction or occurrence
Look at Rule 13 - It uses this same language and we have a lot of cases
about how that is interpreted (broadly).

Doesn't have to affect all the parties the same, just have an issue that
is the same.

Rule 14, 18 - Impleader (3rd Party) // Joinder of Claims

Lehman sued FDIC to prevent them from foreclosing, because they
were defrauded by Roffman.
FDIC joined Roffman to the case under Rule 14(a) - alleging they were
liable for at least some of the claim against them by Lehman, as
Roffman had committed the fraud.
FDIC then brought a breach of contract claim against Roffman under
Rule 18, since once Roffman had been joined to the suit, FDIC could
bring any claims, including unrelated claims to the suit.
Separate Jurisdiction test for each new claim brought. (the breach
claim could be added since FDIC was Federal)

Rule 22 Interplead (Also, 28 U.S.C 1335

Rule 24 Intervention