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A 43yr old nutritionist who alleged a lifelong McD's habit that caused her breast cancer may not join the fat-frik teens case, said the S.D.N.Y. fed court on 4/7/03. Under Fed.Rule.Civ.P. 19(a), a party seeking to join a class in a class action must show their absence from the class will prevent complete relief. This "complete relief" is interpreted to have three prongs: (1) the relief sought by the parties (in this case, the class seeks educational programs and attorney's fees and costs only); (2) whether she has an interest in the case and her absence may impair her ability to recover later; and (3) whether failure to join her may subject a party to inconsistent obligations or double liability. She failed all three prongs.
A nutritionist with a McD's habit? [img]graemlins/erm.gif[/img]
Source: BNA Toxics Reporter, Vol. 18, No. 18, 5/1/03
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