to join (or misjoin) as many doe defendants as possible.'" Arista Records, LLC v.
(7) Indeed, many cases brought by copyright trolls are misjoined, have defective personal jurisdiction, and have insufficient evidence of infringement.
Deferring a ruling on joinder, then, would 'encourage[p]laintiffs to join (or misjoin
) as many doe defendants as possible.'" (alterations in original) (quoting Arista Records, LLC v.
the Texas plaintiff in an effort to defeat removal
One of the Court's primary concerns in Indianapolis was the potential for manufactured diversity jurisdiction in multiparty litigation: the possibility that plaintiffs would either "misjoin
" or conveniently leave out parties to the alleged conflict simply to ensure complete diversity.
Where District Court did not abuse discretion by dismissing pre-service a complaint against misjoined
parties, plaintiff was not entitled to relief on appeal.
and/or severing the misjoined
claims for reassignment and individualized
defendants have been misjoined
where "the products or methods at
and the parties take action to remove the misjoined
name from the
MS Dealer Service Corp., (5) have relied upon a judicially created solution known as "procedural misjoinder" or "fraudulent misjoinder." (6) Under this emerging and somewhat controversial doctrine, as articulated in Tapscott, a federal district court remains empowered to separate misjoined
state law claims while keeping the claim with diversity and remanding the other, if it concludes that the plaintiff's attempt to join them in a single action was "so egregious as to constitute fraudulent joinder." (7)
[9.] Albert Moraczewski, "What Nature Has Misjoined
Together," Ethics and Medics 18, no.
at 450 (misjoinder-of-claims error unlikely to affect jury because properly admitted evidence was so strong as to overwhelm the impact of small amount of evidence admitted exclusively on the misjoined
count); Kotteakos, 328 U.S.