Legal Question in Civil Litigation in California
Intervention - FRCP 24
There is a dispute over the use of the name ''Burns'' for 10 different Scottish restaraunts located within California. Each claims to be the original ''Burns'' with the original, unforgettable recipies. 4 of the restaraunts join together to bring suit against 1 of the other restaraunts that has recently expanded its advertising to several other states. The advertisments state that they are the ''original Burns of California . . .'' The 4 plaintiffs(P4) seek relief in the form of a declaration that the exclusive right to use the name ''Burns'' rest with P4 and any other use is fraudulent or has tendency to deceive the public. The Defendant (D) responds with a counterclaim asserting that it is the only entity that has the right to use the name Burns in conjunction with Scottish restaurants, and that all other uses are false. .
One of the other Burns (B5) files motion to intervene as a plaintiff in the action. The motion includes a complaint in opposition of the D's counterclaim and contains a cross-claim against P4 seeking a declaration that no entity has any exclusive right to use the name Burns-all may use it.
QUESTION:Should B5 be permitted to intervene? As of Right? Permissive? undue burden on named parties?
6 Answers from Attorneys
Re: Intervention - FRCP 24
Do your own homework instead of trying to trick us into doing it for you.
Re: Intervention - FRCP 24
It depends on the facts. Let us know if you want us to handle this; it is too complicated for you do try to handle on your own.
Re: Intervention - FRCP 24
This is a first, a lawyer asking a legal question. Hit the books, buddy.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Intervention - FRCP 24
The LawGuru site seems to be primarily intended for educating the general public, i.e, non-lawyers, i.e., to providing lawyers' replies to the legal questions from people who have little or no legal training. This may account for the less than enthusiastic response from two of the other responders to a questio they feel is from another attorney.
If you are a lawyer who would like to seek advice from other attorneys on how to handle this case, or any other case, that involves questions outside your areas of expertise, and to help other attorneys by drawing on your own expertise and experience to assist them in handling their cases, then do an Internet search on "solosez". You should be referred to a site with that name (solosez) as part of the American Bar Association's (ABA) websites, and which is specifically designed with the intent that small and/or solo law firms share their expertise with each other and assist other lawyers with questions freely and wholeheartedly WITHOUT directing these colleagues in the legal profession to "do their own homework".
Re: Intervention - FRCP 24
In response to Mr. Silverman, I would not tell a fellow member of the legal profession to do his own homework. I would -- and did -- say this to a student who posted part of a take-home civil procedure exam on this site. Posts like this one appear every semester during exam season. The only thing unusual about this one is that some LawGuru panelists did not see it for what it is.
Re: Intervention - FRCP 24
Is this an active lawsuit? If so, where is it pending? California or New Jersey? Federal or state courts? The answer may be different for each possible scenario.
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