When a Permissive Intervenor Impairs the Plaintiff's Control

Authors

David C. Capell

Abstract

The Federal Rules of Civil Procedure give the plaintiff considerable power over the lawsuit and facilitate joinder and intervention. These policies can give rise to a jurisdictional conflict. This Note explores one such hypothetical case: when a federal court grants a motion for permissive intervention in a diversity action, and the plaintiff later seeks to permissively join a party who is adverse to, and shares citizenship with, the already admitted permissive intervenor. The Note first addresses the original plaintiffs power to manage the suit and the procedural and jurisdictional limitations on such power with respect to joining additional parties and permissive intervention. These principles are then applied to the hypothetical case. The Note concludes that while the original plaintiff should not be able to join the additional non-diverse defendant, the procedural tools of severance and consolidation can be used to satisfy the needs of the various parties.

Recommended Citation

David C. Capell, When a Permissive Intervenor Impairs the Plaintiff's Control, 35 Hastings L.J. 707 (1984).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol35/iss4/4