253) Additionally, with every litigated challenge, there is a risk that a patent will be invalidated, which may reduce the portfolio value, especially given the nonjoinder
rules that give each defendant a defense in front of a different court.
filed motions to abate the suit due to the nonjoinder
of Shirley Addison as co-administrator, asserting that "[a] single administrator of an estate that has two co-administrators has no right, standing, or authority to file an action at law without the other co-administrator joining in the case.
1998) ("[I]f nonjoinder
of an actual inventor is proved by clear
2003) (enforcing a nonjoinder
provision); School Dist.
Procedurally, Ickes arose upon a motion by the Secretary to dismiss for nonjoinder
of an indispensable party.
The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to the person or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder
This case predated the statute on nonjoinder of insurers but this result could still occur with nonjoinder, if the insurer pays and stops defending.
Ashraf may be reconciled with the same court's earlier decisions because the plaintiff had added the insurer as a party pursuant to the Florida nonjoinder statute.
306) In some cases involving the claim preclusive effect of nonjoinder
of claims or parties, Federal Rules of Civil Procedure 13(a), 18, 19, and 20 arguably apply, just as Rule 41(b) informs the "on the merits" determination.
Third, as arbitration is a creature of contract, nonjoinder
clauses often preclude other parties such as design professionals, subcontractors, engineers, and sureties from participating in arbitration.