§18.7 Significant Authorities

• Jurisdiction: Washington

§18.7SIGNIFICANT AUTHORITIES

(1)Washington

For background on joinder of claims in Washington state, see Adams v. Allstate Ins. Co., 58 Wn.2d 659, 364 P.2d 804 (1961).

CR 18(a) permits, but does not require, joinder of claims. Thus, res judicata precludes only those issues that were properly a part of the matter in controversy, and not every claim the plaintiff could have joined. Seattle-First Nat'l Bank v. Kawachi, 91 Wn.2d 223, 226, 588 P.2d 725 (1978); Jn re Yakima River Drainage Basin, 112 Wn.App. 729, 742, 51P.2d800 (2002).

A claim that formerly would have had to await the conclusion of the prosecution of another claim may, under CR 18(b), be joined with the other claim in a single action. See Jackson v. Colagrossi, 50 Wn.2d 572, 575-76, 313P.2d697 (1957).

A liability insurer was not a proper party defendant in a personal injury action against an insured. Keseleffv. Sunset Hwy. Motor Freight Co., 187 Wash. 642, 60P.2d720 (1936).

(2)Federal

FED. R. CIV . P. 18(a) is a rule of pleading and there can be no misjoinder of claims under it. Lehman v. Revolution Portfolio, L.L.C., 166 F.3d 389, 394 (1st Cir. 1999); Atl. Lumber Corp. v. S. Pac. Co., 2 F.R.D. 313 (D. Or. 1941).

A party may join claims for which there is a right to a jury trial with claims that cannot be submitted to a jury. Dairy Queen, Inc. v. Wood, 369 U.S. 469, 82 S. Ct. 894, 8 L. Ed. 2d 44 (1962).

Across claimant may join with its cross claim as many independent and unrelated cross claims as it has against an opposing party. First Nat'l Bank of...