Thus, noting the "superficial similarity" of Plaintiffs' allegations and their choice of counsel as the only common factors, the Court reasoned that dismissal of all but the first named plaintiff was appropriate, stressing that dismissal would not prejudice the filing of individual actions.
Accordingly, ruling that misjoinder did not deprive the lower court of federal jurisdiction, the Ninth Circuit remanded the case back to the district court, instructing it to dismiss the claims of the misjoined plaintiffs, but to otherwise allow the case to proceed in federal court.
Ralph T. Wutscher
McGinnis Wutscher Beiramee LLP
The Loop Center Building
105 W. Madison Street, 18th Floor
Chicago, Illinois 60602
Direct: (312) 551-9320
Fax: (312) 284-4751
Mobile: (312) 493-0874
Admitted to practice law in Illinois
NOTICE: We do not send unsolicited emails. If you received this email in error, or if you wish to be removed from our update distribution list, please simply reply to this email and state your intention. Thank you.
Our updates are available on the internet, in searchable format, at: