2. Federal Rule 18 describes the claims that a party is allowed to assert in a single...

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2. Federal Rule 18 describes the claims that a party is allowed to assert in a single action against an opposing party, but it does not compel joinder. Compare this approach with Michigan’s joinder provision, which is in the Supplement following Federal Rule 18. What are the arguments for a rule of compulsory joinder of all related claims existing between a plaintiff and a defendant? See Friedenthal, Joinder of Claims, Counterclaims and Cross-

Complaints: Suggested Revision of the California Provisions, 23 Stan. L. Rev. 1, 11–17

(1970); Greenbaum, Jacks or Better to Open: Procedural Limitations on Co-Party and Third-

Party Claims, 74 Minn. L. Rev. 507, 535–37 (1990).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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