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Full-Text Articles in Law

Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune Jan 1972

Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune

Law Faculty Scholarly Articles

Federal courts have generally discouraged the joinder of a third party solely on the basis of a claim pendent to a federal cause of action. They have, however, been more liberal in allowing joinder in diversity cases. The author reviews the case law and argues that a more liberal attitude toward joinder should be adopted, except in diversity cases where, he believes, liberal joinder erodes the requirement of complete diversity.


Venue Of Civil Actions In Kentucky, William H. Fortune Jan 1972

Venue Of Civil Actions In Kentucky, William H. Fortune

Law Faculty Scholarly Articles

The purpose of this paper is primarily to analyze Kentucky’s venue statutes, and secondarily to suggest the path to reform. The paper is divided into four parts. Part I is a brief history of the confusion in Kentucky between jurisdiction and venue. Some exposure to this history is essential to an understanding of the older cases, which in some areas are the only cases in point. Part II is an analysis of the four major venue statutes in KRS Chapter 454: KRS § 452.400—actions involving land; KRS § 452.450-actions against corporations; KRS § 452.460—actions for personal injury or property damage; …


Venue Of Civil Actions In Kentucky, William H. Fortune Jan 1972

Venue Of Civil Actions In Kentucky, William H. Fortune

Kentucky Law Journal

No abstract provided.