Marvis Odia, et al. v. Jaguar Land Rover North America, LLC, et al.

Summary

The United States District Court for the Southern District of Texas denied S&R Operations, Inc. d/b/a ServPro of Town & Country’s motion to intervene in a product-liability action arising from a vehicle fire. The court held that ServPro lacked an interest in the transaction underlying the action for intervention as of right and that its contract-payment claims did not share a common question of law or fact with the product-liability claims for permissive intervention.

Holdings

1. ServPro was not entitled to intervene as of right because its contract with the plaintiffs and resulting payment dispute did not concern the property or transaction that was the subject of the product-liability action.
2. ServPro was not entitled to permissive intervention because its contract and payment claims did not share a common question of law or fact with the product-liability claims.

Questions Presented

1. Whether ServPro had an interest relating to the property or transaction that was the subject of the product-liability action sufficient to intervene as of right under Federal Rule of Civil Procedure 24(a).
2. Whether ServPro's contract-payment and insurance-related claims shared a common question of law or fact with the underlying product-liability claims sufficient for permissive intervention under Federal Rule of Civil Procedure 24(b).

Disposition

other