1. Can't grant complete relief to existing parties without NP
2. NP has interest in case and outcome w/o NP may impair/impede ability to protect interest3. OR, disposition of the case w/o the NP will likely leave existing party(ies) subject to multiple liability or inconsistent obligations.
Necessary party Must Be Joined - if feasible
Feasibility of Joinder
Would joinder of the NP destroy SMJ? Is there PJ over the NP?
- Federal Question/Diversity
- PJ - Minimal Contacts with forum state/Long arm statutes allowing
If joinder is not feasible, next have to look at if party is indispensable.
- If party is indispensable --> Case Dismissed
- If party not indispensable --> Case continues
Test for Indispensability
1. How serious are adverse consequences of proceeding w/o NP?
2. Can court minimize adverse consequences?
3. Will judgment w/o NP be adequate or will it leave related claims by or against NP undecided?
4. Is there another forum where suit can be brought and all parties joined?
Assuming court finds x to be necessary party, court shouldn't dismiss because joinder feasible.