Exact(4)
The Court did not state that joinder is a "substantial right" and, for this reason, any error respecting joinder is reversible.
31, 41 L.Ed. 355 (1896), that joinder is one of these "substantial rights," so that misjoinder is per se reversible.
Respondents argue that application of the harmless-error rule to Rule 8(b) misjoinder will eviscerate Rule 14, which provides the trial court with discretion to grant a severance even if the joinder is proper under Rule 8 when it believes the defendants or the Government may be prejudiced by a joinder.
This "involuntary joinder" is intended to hold parent companies responsible for the actions of shell companies set up solely to file lawsuits.
Similar(56)
This view is especially curious when it is remembered that the Rule governing joinder was viewed by the draftsmen as a restatement of existing law.
Rules respecting joinder are based on recognition that the multiplication of charges or defendants may confuse the jury and lead to inferences of habitual criminality or guilt by association.
See 362 U.S., at 517, 80 S.Ct., at 948 ("The harmless-error rule, which was the central issue in Kotteakos, is not even reached in the instant case, since here the joinder was proper under Rule 8(b) and no error was shown").
But these so-called mass joinder lawsuits being advertised in mailings are fraudulent — sent out by companies purporting to be law firms, according to a consumer alert posted on the Federal Trade Commission's Web site.
Rule 23(a)(1)requires that the class be "so numerous that joinder of all members is impracticable". Rule 23(a)(2) requires that there be "questions of law or fact common to the class". Rule 23(b)(3) requires that "the [common] questions of law or fact..
The F.T.C. last month filed a lawsuit against one operation based in Santa Ana, Calif., asserting that it had persuaded more than 1,000 homeowners nationwide to pay $6,000 to $10,000 each to join "mass joinder" suits, which are akin to class-action suits.
Without joinder, Milošević would be litigating one trial, while simultaneously confronting two pre-trial phases (Prosecutor v. Milošević 27 November 2001, p. 15).
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