· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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