Harry was smacked in the head with a book by either Atticus or Dexter (or both).
Harry is not sure which person smacked him in the head. So Harry sues them in the alternative, alleging:
- Count I: Atticus hit me;
- Count II: Dexter hit me;
- Count III: Both Atticus and Dexter hit me.
Atticus is an upstanding member of his community. In contrast, Dexter was once publicly charged with serial killing but avoided prosecution due to a technicality.
Atticus is deeply concerned about being tried together with Dexter.
- Was joinder appropriate under Rule 20?
- If joinder is inappropriate, what should the court do?
- If joinder is appropriate, must Atticus and Dexter be tried together?
See FRCP 20, 21, and 42 for arguments.
Added Feb. 8, 2015