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Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities. The stakeholder may invoke Rule 22 as a plaintiff, or by counter-claiming in an action already started against him by one, or more claimants. There are specific differences between Statutory Interpleader, and Rule Interpleader:
The Act repealed and replaced the existing federal interpleader act 44 Stat. 416 approved May 8, 1926 and codified it as United States Judicial Code §41(26), and established the modern statutory interpleader. The act was drafted by Zechariah Chafee, who considered this his foremost professional accomplishment. [1]
In 1936 the Federal Interpeader Act was again repealed and replaced by the Federal Interpleader Act of 1936, 49 Stat. 1096, approved Jan. 20, 1936, drafted by Zechariah Chafee which codified it in as United States Judicial Code §41(26), and established the modern statutory interpleader allowing suite to be brought by any person, firm ...
Rule 14(a)(5): A third-party defendant may engage in third-party practice of his own. Rule 14(a)(6): Special rules regarding maritime or admiralty jurisdiction. Rule 14(b): When a claim is asserted against a plaintiff, he may engage in third-party practice of his own. Rule 14(c): Special rules regarding maritime or admiralty jurisdiction.
interpleader; equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be mandatory (requiring a person to do something) or prohibitory ...
The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a ...
Rule 65 governs the procedure on applications for preliminary injunctions and temporary restraining orders. Rule 65.1 addresses security and suretyship issues arising when the court orders a party to deposit security such as a bond. Rule 66 deals with receivership. Rule 67 deals with funds deposited in court, such as in interpleader actions.
Rule 24(b) provides for permissive intervention, which is subject to the discretion of the judge hearing the case. An applicant may be permitted by the court to intervene (1) when a federal statute confers upon the applicant a conditional right to intervene or (2) when the applicant's claim or defense shares a common question of law or fact ...