Larson v. American Family Mutual Ins. Co.
United States District Court for the District of Colorado
2007 U.S. Dist. LEXUS 41864 (D. Colo. 2007)
Larson (plaintiff) hired attorney Ross-Shannon to sue his insurer American Family (defendant) over an unpaid fire claim, but Ross-Shannon never pursued it, reportedly due to a desire to represent American Family in other matters; Larson retained new counsel, sued in state court, and after removal to federal court on diversity grounds, amended his complaint to add Ross-Shannon (non-diverse) for malpractice and conspiracy once discovery revealed the conflict. American Family argued the new claims against Ross-Shannon didn't arise from the same transaction as the original claims and should be disallowed under Rule 20(a).
Whether all persons may be joined in one action as defendants if there is asserted against them any claim arising out of the same transaction, occurrence, or series of transactions or occurrences.