Civil Procedure Keyed to Subrin
Daynard v. Ness, Motley, Loadholdt, Richardson & Poole P.A
Plaintiff is a law school professor who advised law firms representing states in litigation against tobacco companies. Defendant was a South Carolina firm, and another defendant that has since been dismissed was from Mississippi. Plaintiff claims that he had an agreement with Defendant firms wherein he would receive 5% of attorney’s fees paid to Defendants. Plaintiff finalized the agreement by shaking on it with a partner from the Mississippi firm. After the law firms won their cases and received millions of dollars, Plaintiff sought his portion. Plaintiff brought this action against Defendant and the Mississippi firm, but the Mississippi firm was dismissed for a lack of personal jurisdiction. Defendant then moved to dismiss the case under Rule 12(b)(7) for failure to join an indispensable party. Defendant argued that the deal was consummated between Plaintiff and a partner from the Mississippi firm and therefore the other firm was indispensable.
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