Logourl black

Daynard v. Ness, Motley, Loadholdt, Richardson, & Poole, P.A.

United States District Court for the District of Massachussetts
184 F. Supp. 2d 55 (D. Mass. 2001)


Facts

Daynard (plaintiff) sued Ness, Motley, Loadholdt, Richardson & Poole, P.A. (Ness) and a Mississippi law firm for breaching an alleged agreement that the firms would pay Daynard a portion of their attorneys’ fees for advice Daynard provided. The circuit court dismissed the Mississippi law firm for lack of personal jurisdiction. Ness then moved to dismiss the suit for failure to join an indispensable party. Ness argued that the case cannot proceed without the Mississippi law firm because a partner in the Mississippi law firm is the one who allegedly shook hands with Daynard forming the agreement in question. Daynard argued that both firms had assured him he would be paid so they are jointly and severally liable. Thus, only one of the firms needed to be named in the complaint. The district court found that the Mississippi firm was a not a “necessary” party under FRCP 19(a), and therefore not an “indispensable” party under FRCP 19(b) because the two firms were jointly and severally liable as co-obligors. Ness’s motion to dismiss for failure to join an indispensable party was denied.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Young, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 78,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 10,767 briefs - keyed to 141 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now