Friday, November 02, 2012

Court sua sponte severs & dismisses in New Sensations v Does 1-83, holds joinder not permissible

In a Massachusetts case, New Sensations v. Does 1-83, District Judge F. Dennis Saylor IV has sua sponte severed and dismissed as to Does 2-83, holding both that the requirement for permissive joinder that the claims arise from the same "transaction or occurrence" is not met, and that even if it had been met, there was an insufficient basis for the court to exercise its discretion in favor of joinder.

November 2, 2012, Decision of Hon. F. Dennis Saylor IV, severing and dismissing

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Ray Beckerman, PC

1 comment:

Anonymous said...


Although the Court notes that the tactics of counsel have been criticized in other cases, the Court makes no finding that such bad faith has been exercised here, and so does not consider this factor.[footnote3]

[footnote3]: See Third Degree Films, 2012 U.S. Dist. LEXIS 142079 at *1-4, *33-34 (describing the extortionate
litigation as a “new business model” and providing more detail as to precise tactics, including examples from recent

smart judge that makes of course no finding about bad faith that is ;-)