321: Listen and Learn -- Intervention, Impleader, and Class Action Lawsuits (Civ Pro)
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
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Can a Court Allow Permissive Intervention?
A court may allow a non party to intervene when the non party one files a timely motion and two, has a claim or defence that shares a common question of law or fact with the main action. So since developer has met all four prongs of the test, they've cleared the bar for intervention as a right. In weighing whether to allow permissive intervention, the court must consider whether intervention will unduly delay or prejudice the judication of the original party's rights. The same transaction or occurrence test is not enough here. Claims merely arising out of the same transaction are insufficient for impleder unless derivative liability exists.
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