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Full-Text Articles in Law

Federal Court Doctrines In Avoidance Of Adjudication: Exhaustion, Abstention And The Anti-Injunction Statute, Gene R. Shreve Jan 1972

Federal Court Doctrines In Avoidance Of Adjudication: Exhaustion, Abstention And The Anti-Injunction Statute, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


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.