MasterCard International v. Visa International Service Association
United States Court of Appeals for the Second Circuit
471 F.3d 377 (2d Cir. 2006)
MasterCard (plaintiff) sued FIFA in federal court under diversity jurisdiction, alleging FIFA breached MasterCard's right of first refusal on World Cup sponsorship by granting exclusive rights to Visa instead; MasterCard sought an injunction and specific performance. FIFA's motions to dismiss for lack of personal jurisdiction and to compel arbitration were both denied, and MasterCard sought a preliminary injunction. Visa, though not a party, argued it was necessary and indispensable and that its joinder would destroy diversity jurisdiction; the district court held Visa wasn't necessary since it could always separately sue FIFA later, and Visa appealed the denial of its motion.
Whether a nonparty must be permitted to join a federal lawsuit if that party has some interest in the litigation.