In addition to arguing the city has committed "fraudulent misjoinder
" by adding the local defendants, the companies claiming federal jurisdictions argue that the local defendants should be ignored because the city failed to comply with the state law for health care disputes or that the court should sever them so that the out-of-state defendants can move forward in federal court.
The outcome turned on at least four questions, the high court said: (1) whether the voluntary dismissal in federal court was the same as a Virginia nonsuit in terms of tolling, (2) whether Trapeni joined the Store Owner under its proper name, (3) whether any naming error was a misjoinder
or simply a misnomer and (4) whether failure to correct any misnomer prevented the tolling of the limitations period.
Procedural matters raised by the OSG in its Comment include the impropriety of a class suit, the misjoinder
of causes of action, and the lack of proper verification and certification against forum shopping.
Order 9 Rule 10 of the Civil Procedure Rules provides that no cause or matter shall be defeated by reason of the misjoinder
or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
(40) See, e.g., Dongbiao Shen, Misjoinder
complaints, curing the misjoinder
problems, for all claims that had not
Gensler, Driving Misjoinder
: The Improper Party Problem in Removal Jurisdiction, 51 ALA.
(30.) See id.; see also Dongbiao Shen, Misjoinder
[J]ust as misjoinder
and multiplicity in charging may result in a denial of due process, so may the prosecution of unwarranted charges result in a denial of due process.
At trial, the defendants demurred to the complaint on the ground of misjoinder
of plaintiffs, and in January 2013, the court sustained the demurrer without leave to amend and dismissed all the plaintiffs but one.
The good news is that in several of the most recent lawsuits in which multiple users have been lumped together without any real determination that their online activities or uses were indeed alike, several judges have either thrown out the lawsuits on the grounds of misjoinder
or have required that the John Does be broken out and sued individually.
25, 2008) (questioning propriety of plaintiffs' "clever scheme to obtain court-authorized discovery prior to the service of complaints," where underlying claims would lead to misjoinder