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Is Federal Rule Of Civil Procedure 19(B) Too Discretionary?, Cesare Cavallini, Marcello Gaboardi

Akron Law Review

The courts are entrusted with the implementation of required joinder of parties under Federal Rule of Civil Procedure 19. Indeed, the courts have substantial discretion to determine, under the considerations listed in Rule 19(b), whether to continue the litigation without the person who should be joined in pending litigation or to dismiss the action because such a person cannot be joined. Therefore, the courts are asked to weigh the factors under Rule 19(b) and recognize that one factor can be more important than others in a given case or other factors not listed in Rule 19(b) can be important in …