Legal Opinion
Western Maryland Railway Company v. Harbor Insurance Company
Court of Appeals for the D.C. Circuit
Decided August 3, 1990No. 89-7154, 89-7155PublishedCited by 34 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge CLARENCE THOMAS.
CLARENCE THOMAS, Circuit Judge:
When a party to a federal lawsuit moves to join a nonparty resisting joinder, the district court must answer three questions: Should the absentee be joined? 1 If the absentee should be joined, can the absentee be joined? 2 If the absentee cannot be joined, should the lawsuit proceed without her nonetheless? 3 “To use the familiar [if] confusing terminology,” Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 118, 88 S.Ct. 733, 742, 19 L.Ed.2d 936 (1968): Is the absentee’s presence…
2Cases cited5 opinions
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Farmland Industries, Inc. v. Grain Board of IraqCourt of Appeals for the D.C. Circuit · 1990
- Bardomiano Aguilar & Rosa Aguilar, Etc. v. Los Angeles County, L.A. county/u.s.c. Medical CenterCourt of Appeals for the Ninth Circuit · 1985
- Chesapeake & Ohio Railway Co. v. Certain Underwriters at Lloyd'sDistrict Court, District of Columbia · 1989
- Forty-Eight Insulations, Inc. v. Aetna Casualty & Surety Co. (In Re Forty-Eight Insulations, Inc.)District Court, N.D. Illinois · 1989
3Cited by34 opinions
- Janney Montgomery Scott, Inc. v. Shepard Niles, Inc.Court of Appeals for the Third Circuit · 1993
- Picciotto v. Continental Casualty Co.Court of Appeals for the First Circuit · 2008
- Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Bruce Babbitt, in His Official Capacity as Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1995
- Klamath Tribe Claims Committee v. United StatesUnited States Court of Federal Claims · 2011
- School District of City of Pontiac v. Secretary of US Department of EducationCourt of Appeals for the Sixth Circuit · 2009
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