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· 12/20/2006

Symes v. Harris

Citations

  • 472 F.3d 754
  • 2006 U.S. App. LEXIS 31364
  • 2006 WL 3735503

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court did not abuse its discretion when it found that a corporation formed by a plaintiff was a necessary party due to overlapping individual and corporate claims
  • holding that the trial court did not abuse its discretion when it found that a corporation formed by a plaintiff was a necessary party due to overlapping individual and corporate claims
  • recognizing Rule 19 imposes an independent obligation to raise indispensability sua sponte
  • explaining the “jurisdictional facts” are determined “when the complaint is filed, not as they might be upon final judgment”
  • “The issue of indispensability, generally, is not waivable, and is one which courts have an independent duty to raise sua sponte”
  • “The issue of indispensability, generally, is not waivable, and is one which courts have an independent duty to raise sua sponte”

Source: CourtListener parenthetical corpus (CC0).

Judges: Briscoe, Holloway, Lucero

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.