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.
complaints, curing the misjoinder
problems, for all claims that had not
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.
and the RIAA Campaign Against File Sharing B.
6) Whether the petition is bad for misjoinder
of the parties?
of a party who is not a true inventor can render
237 (1895), when the Court's decision led to the "unfortunate misjoinder
of evidence principles with the constitutional right to confrontation.
Interim stay orders, misjoinder
and non joinder of necessary parties, appointment of local commissioners and non payment of court fee should be decided within three months.
State Farm sought to remove the case to federal court based on misjoinder
of a nondiverse party.
Conversely, procedural or fraudulent misjoinder
typically occurs when a plaintiff sues a diverse defendant in state court and joins a nondiverse defendant against which the plaintiff has a reasonable basis for a claim, but that claim has little or nothing to do with the plaintiff's claim against the diverse defendant.