Venue: |
D. Colo.
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Facts: |
Insurance company is refusing to pay a homeowner's claim, so the
plaintiffs hire a lawyer. Stuff gets stalled, and they realize
the lawyer is trying to get in business with the insurance
company. |
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Posture: |
Fire the lawyer, sue the insurance company, then sue the lawyer when
they find out about the relationship and potential breach of
fiduciary duty. |
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Issue: |
Should the plaintiff be allowed to amend the complaint to join
the lawyer as a defendant? |
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Holding: |
Yes, but that destroys diversity so it's over to state court. |
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Rule: |
20(a): the claims arise out of the same series of transactions and
occurrences. |
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Reasoning: |
The motion was timely, in the sense that the plaintiffs couldn't
have known all they needed until discovery was underwa. And
we have liberal joinder. |
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Dicta: |
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