NORFOLK SOUTHERN RAILWAY COMPANY v. PITTSBURGH & WEST VIRGINIA RAILROAD
2:11-cv-01588
W.D. Pa.Nov 30, 2012Background
- Norfolk Southern Railway Company and Wheeling & Lake Erie Railway Company sue for declaratory relief regarding the Lease against Pittsburgh & West Virginia Railroad and Power REIT.
- Power REIT proposed joinder; Norfolk moved to dismiss P&WV's counterclaims on the basis of nonjoinder.
- Court previously denied Power REIT’s motion to dismiss in an April 19, 2012 order.
- Rule 19 governs whether a nonparty must be joined to provide complete relief.
- Court determines whether Power REIT is a necessary party to P&WV's counterclaims and whether joinder is feasible.
- Court orders joinder of Power REIT to P&WV's counterclaims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Power REIT a necessary party under Rule 19? | Norfolk argues joinder is required to provide complete relief. | P&WV argues Power REIT is not indispensable or necessary for complete relief. | Yes; Power REIT is necessary for complete relief. |
| Should Power REIT be joined given Rule 19 feasibility? | Joinder is feasible and appropriate. | No additional feasibility concerns raised beyond existing party status. | Joinder feasible; required. |
| What is the court’s remedy if a party is indispensable under Rule 19? | Indispensable party must be joined to proceed. | Proceed despite absence if nonjoinder is manageable. | Court proceeded with joinder; dismissal avoided. |
Key Cases Cited
- Gen. Refractories Co. v. First State Ins. Co., 500 F.3d 306 (3d Cir. 2007) (two-step Rule 19 analysis; feasibility and indispensability)
- Field v. Volkswagenwerk AG, 626 F.2d 293 (3d Cir. 1980) (joinder versus dismissal when party cannot be joined)
- Eastern Minerals & Chems. Co. v. Mahan, 225 F.3d 330 (3d Cir. 2000) (piercing corporate veil standard contact for related claims)