Civil Procedure Question
A cattle rancher and a dairy farmer each own land situated downstream from a factory. For a period of several days, the factory produces emissions and waste runoff that flows into the stream. The farmer’s cows become sick, and many die after drinking from the stream. The rancher’s cattle become sick and weak, and the rancher experiences a loss of sales. The factory becomes aware of the contamination, and within one week, the factory is able to stop ongoing contamination of the stream. Nevertheless, the rancher and farmer sue the factory in a single action in which the complaint alleges that the factory’s negligence caused the rancher $110,000 in damages and caused the farmer $90,000 in damages.
Is it permissible for the rancher and farmer to sue the factory in this case?
(A) No, because the farmer is not an indispensable party.
(B) No, because plaintiffs may not join together in suing a single defendant.
(C) Yes, because the rancher and farmer asserted a right to relief that arose out of the same event, with a common question of law or fact.
(D) Yes, because any plaintiff may always join with another plaintiff in a lawsuit.
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The correct answer is C. Multiple plaintiffs may join claims against a defendant in a single action when those claims arise out of a single event and share at least one common issue of law or fact. Rule 20(a)(1) states that:
Persons may join in one action as plaintiffs if: (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all plaintiffs will arise in the action.
In this case, the rancher and farmer’s claim arose out of a single event (the several-day period in which the factory polluted the stream), and the claim shares at least one common issue of law or fact (e.g., whether the factory was negligent). Consequently, choice C is the best answer.
A is incorrect because it incorrectly implies that a party must be indispensable in order for joinder to occur.
B and D are incorrect because they are erroneous statements of law.
Civil Procedure Outline § III (D)(2)(b)(1) Joinder of Parties: Permissive Joinder of Plaintiffs