Q: Emtala - Cmia. Joinder controversy question.
What what be specific authorities/seminal cases to argue against compulsive joinder of hospice to case against hospital?
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A:
In contesting the compulsory joinder of a hospice to a case against a hospital, focus on the principles of permissive joinder under Federal Rule of Civil Procedure 20. This rule requires that claims against joined parties arise out of the same transaction or occurrence and share common questions of law or fact. Argue that the hospice's involvement does not meet these criteria if its role in the matter is distinct from the hospital's actions.
Refer to seminal cases that interpret Rule 20 narrowly, emphasizing the importance of maintaining separate legal identities and responsibilities of different healthcare entities. Cases like United Mine Workers of America v. Gibbs (1966) and Mosley v. General Motors Corp. (1974) can be instrumental in arguing that joinder would complicate or prolong litigation without substantial overlap in factual or legal issues.
Also, consider the purpose and application of the Emergency Medical Treatment and Active Labor Act (EMTALA) and the California Medical Information Act (CMIA) in your argument. If the hospice's actions are not central to the EMTALA and CMIA issues, this further supports your position against joinder.
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