United States Third Circuit

In a suit brought by DirecTV, a satellite cable company, against persons caught pirating its TV transmissions, dismissal of a suit against one individual on statute of limitations grounds is reversed where: 1) the plain language of an order entered in the underlying case against various individuals required the conclusion that it severed, rather than dismissed, the action against individual defendant; and 2) even if the order was instead a dismissal, it would have constituted an abuse of discretion under Federal Rule of Civil Procedure 21 misjoinder analysis.

Appellate Information

• Argued 10/04/2006
• Decided 11/06/2006
• Published 11/06/2006

Judges

• Before McKEE, AMBRO, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Howard R. Rubin, Esquire, William E. Copley, III (Argued), Sonnenschein, Nath & Rosenthal, Washington, DC, Counsel for Appellant.


• For Appellees:
  
• John W. Gibson, Esquire (Argued), Pittsburgh, PA, Counsel for Appellee.