Asked over 1 year ago - Cincinnati, OH

Leahy-Smith America Invents Act, makes it tougher to join parties to existing law suits, relative to rule 18, 19 or 20 FRCP, because Plaintiffs are failing to meet the tough requirement of same transaction or occurrences. In this scenario, if a Plaintiff have John Does, is it easier to add John John Defendants, if you have newly discovered evidence they are liable to the infringing acts? Also Judges are more likely to dismiss case for improper misjoinder, then adding the true name of your John Does.

Additional information

This question is relative to infringement cases, of adding new parties or the true names of John Does.

Attorney answers (1)

  1. Anthony Michael Solis


    Contributor Level 20

    Answered . Judges are usually more lenient with amendments such as this because it avoids having to do the case all over again or have separate lawsuits. That said, federal judges are ALWAYS looking for ways to get cases kicked out of their courts.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,443 answers this week

2,719 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,443 answers this week

2,719 attorneys answering