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[No title] Section 1335(b) of the interpleader statute provides that an action over which the district courts are granted original jurisdiction under section 1335(a) "may be entertained", even where the titles to or claims of the conflicting claimants are adverse and independent of one another. We believe that the same holds true in interpleader cases brought under 28 U.S.C. Thus, this case must be remanded to the district court for it to exercise its sound discretion in deciding whether to dismiss this action in favor of the proceeding pending in the Superior Court of New Jersey. Interpleader Any civil action of interpleader or in the nature of interpleader under section 1335 of this title may be brought in the judicial district in which one or more of the claimants reside. vls.law.vill.edu /locator/3d/Dec1995/95a1224p.txt   (5956 words)

Interpleader -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-26) Interpleader is a device allowed in (North American republic containing 50 states - 48 conterminous states in North America plus Alaska in northwest North America and the Hawaiian Islands in the Pacific Ocean; achieved independence in 1776) U.S. (additional info and facts about civil litigation) civil litigation. It allows a (A person who brings an action in a court of law) plaintiff to initiate a (A comprehensive term for any proceeding in a court of law whereby an individual seeks a legal remedy) lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but doesn't know to whom the property should be transferred. www.absoluteastronomy.com /encyclopedia/i/in/interpleader.htm   (197 words)

Noey v. Bledso (4/23/99), 978 P 2d 1264 He argued that the "interpleader action is inappropriate because it wastes the court and the judges['] time for a matter that is better suited to the fee arbitration process of the Alaska Bar Association." Noey proposed that the court dismiss the interpleader action entirely and refer the fee dispute to arbitration. Noey builds his argument on the premise that the stakeholder in an interpleader action cannot be excused, and that the case cannot proceed as an action between two interpleaded defendants without positive proof that both defendants actually have valid claims against the disputed funds. Moreover, Noey's argument ignores that the interpleader trial was not a mere lien foreclosure; it adjudicated the merits of Noey's legal dispute with Bledsoe, which centered on the existence of his debt to Bledsoe under an implied contract theory. www.touchngo.com /sp/html/sp-5107.htm   (5839 words)

Kiker v. Walters, 482 N.W.2d 626 (ND 1992) Interpleader, whether pursuant to statute1 or rule,2 is a device for resolving multiple adverse claims to a fund or liability in one proceeding. Interpleader may also be used to protect the individual claimants when their claims exceed the fund available. Interpleader is an equitable remedy, not solely dependent on formulation by statute or by rule. www.court.state.nd.us /court/opinions/910027.htm   (3633 words)

Interpleader An interpleader is an equitable action brought when any person has, or is alleged to have, any money or other property in his or her possession that is claimed by two or more persons. Once all parties have filed responses to the Plaintiff’s complaint seeking a decree of interpleader, a Motion for Interlocutory Judgment of Interpleader shall be filed and scheduled on the short calendar. The Motion for Interlocutory Judgment ordering the parties to interplead by stating their claims to the funds or property will be heard. www.jud.state.ct.us /CivilProc/interpleader.htm   (258 words)

USCA1 Opinion 06-2043 In interpleader, the plaintiff ordinarily is a mere stakeholder who solicits the assistance of a court in order to avoid potentially inconsistent liabilities. We previously have treated an interpleader action as a de facto suit between the claimants to the stake (even though, nominally, they were the defendants in the action). At bottom, interpleader is an equitable mechanism, and courts should not hesitate to "eliminat[e] those technical restraints on the device that are not founded on adequate policy considerations." 7 Wright, Miller and Kane, supra § 1704, at 541. www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=06-2043.01A   (2620 words)

Converted WP file 26208 interpleader is a joinder device whereby all of those who claim some interest in a particular fund (the stake) may be joined in the action, and may there assert and litigate their claims against the fund. Interpleader protects the stakeholder from multiple suits, and from determining at its peril the validity and priority of disputed claims; it also protects the claimants by bringing them together in one action so that a fair and equitable distribution of the fund may be made. A bill of interpleader and bill in the nature of interpleader are governed by the same general principles except that in [the] bill of interpleader the plaintiff has no interest in the property held, whereas in the bill in the nature of interpleader the plaintiff need not be without interest in property claimed by others. www.state.wv.us /wvsca/DOCS/fall99/26208.htm   (3629 words)

INTERPLEADER Insurance Interpleader is a form of action originally developed under equity jurisprudence. Once a court determines that interpleader is. appropriate, it may discharge the stakeholder-plaintiff from the... Petition, and a Counterclaim for Interpleader seeking to interplead Janet as a... digilander.libero.it /all_insurance/Interpleader.html   (793 words)

CIVIL PROCEDURE RULES -- SCHEDULE 2 -- CCR RULES The interpleader claimant shall deliver to the bailiff holding the warrant of execution, or file in the office of the court for the district in which the goods were seized, notice of his claim stating - If, within the period aforesaid, the execution creditor gives notice to the court admitting the interpleader claim or requesting the district judge to withdraw from possession of the goods or money claimed, the execution creditor shall not be liable to the district judge for any fees or expenses incurred after receipt of the notice. Where an interpleader claimant does not appear on any day fixed for a pre-trial review or the hearing of interpleader proceedings, or fails or refuses to comply with an order made in the proceedings, the court may make an order barring his interpleader claim. www.number7.demon.co.uk /YAWS/ccr/ccr-33.htm   (1160 words)

Declaratory Judgment and Interpleader Actions in Insurance Cases   (Site not responding. Last check: 2007-10-26) Declaratory judgment may be used to resolve issues such as whether a policy was validly issued or otherwise is in effect, the meaning of policy provisions, and the duties of the parties under the policy. Interpleader actions are employed to allow rival claimants to be the same fund or property to litigate their competing claims against one another rather than against an innocent stakeholder. This paper is intended to serve as a general primer on the use in insurance cases of declaratory judgment and interpleader actions, and to highlight the key issues involved in prosecuting or defending against those types of actions. www.hg.org /articles/article_291.html   (159 words)

Converted file mgr Indiana Trial Rule 22, governing interpleader, provides that “[p]ersons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. Interpleader is remedial in nature, and interpleader statutes are to be liberally construed. “Interpleader is proper in cases such as a surety confronted by claims of subcontractors and materialmen which exceed the surety’s contractual liability, conflicting claims of entitlement to the proceeds of a life insurance policy, or automobile insurers surrendering the maximum sum of their liability to the court for disposition to plaintiffs in an accident case. www.in.gov /judiciary/opinions/previous/archive/11170001.mgr.html   (5133 words)

Clue's Motion to Dismiss Interpleader Complaint   (Site not responding. Last check: 2007-10-26) Interpleader is inappropriate since plaintiff NSI has not lodged the subject matter of the dispute with the Court. Federal interpleader was made available because in certain circumstances a stakeholder found itself without an adequate legal remedy when faced with conflicting claims asserted by parties not amenable to service of process in a single state jurisdiction. The language of the interpleader requires as a condition of jurisdiction that a stakeholder deposit with the registry of the court the money or property which is the subject of the multiple claims, or give bond in a sufficient amount to insure compliance with any future order or judgment of the court in the action. www.patents.com /clue/cmtdi.htm   (5779 words)

CCR ORDER 33 -- INTERPLEADER PROCEEDINGS Within 4 days after receiving notice of an interpleader claim under rule 1(2) the execution creditor shall give notice to the court informing him whether he admits or disputes the interpleader claim or requests the district judge to withdraw from possession of the goods or money claimed. On the issue of an interpleader notice under paragraph (1) the court officer shall enter the proceedings in the records of the court, fix a day for the hearing by the judge and prepare sufficient copies of the notice for service under this rule. In any other case where a day is fixed for the hearing of interpleader proceedings, the court shall hear and determine the proceedings and give judgment finally determining the rights and claims of the parties. www.hrothgar.co.uk /YAWS/ccr/ccr-33.htm   (1249 words)

DBC's Motion to Dismiss NH Action   (Site not responding. Last check: 2007-10-26) Interpleader -- particularly federal interpleader -- is inappropriate in this case, and the complaint should be dismissed. By filing the present interpleader action, NSI seeks to use an interpleader action to invoke the equitable jurisdiction of this Court in order to escape adjudication of its contractual duties, and possible liability, in the previously filed Texas action. (24) In cases where there is a first-filed action and a second-filed interpleader action relating to the same subject matter that is not otherwise defective, it is appropriate to transfer the interpleader action to the court having jurisdiction over the first-filed action. www.patents.com /real/mtd.sht   (2718 words)

[No title] Interpleader shall mean a judicial procedure by which 2 or more persons who have adverse claims against a 3rd person may be required to litigate these claims in one proceeding. Scope of interpleader unaffected -- Article IV Nothing in this compact shall be construed to change any requirement or limitation on the scope of interpleader of the state in which the interpleader proceeding is pending except in relation to acquisition of personal jurisdiction. Duties of Governor As used in Article VII, subsection 3, of the Interpleader Compact, the phrase "executive head" shall mean the Governor of this State. ssl.csg.org /compactlaws/interpleader.doc   (956 words)

CHAPTER 917 INTERPLEADER 104 C. Interpleader is governed by equitable principles. Statute creates no new grounds of interpleader and is governed by the rules of equitable interpleader. Suit of interpleader is not only for those who claim to be entitled to property but those who claim to be interested in it. www.cga.ct.gov /2005/pub/Chap917.htm   (680 words)

State Farm Fire v. Pietak His argument seems to be that, because he stipulated to dismissal of the interpleader action and because the result of that dismissal was his inability to pursue claims that he did not have authority not to pursue, he is entitled to relief. He argues his failure to file a cross-complaint in the interpleader action was attributable to his attorney' s reasonable misinterpretation of the interpleader statute, section 386, that led him to the conclusion the filing of a cross-complaint was not compulsory. An interpleader action is traditionally viewed as two suits: one between the stakeholder and the claimants to determine the stakeholder' s right to interplead, and the other among the claimants to determine who shall receive the funds interpleaded. www.law.com /regionals/ca/opinions/jul/c028694.shtml   (3611 words)

INDIANAPOLIS COLTS, Plaintiff-Appellee, v. MAYOR AND CITY COUNCIL OF BALTIMORE, Defendant-Appellant, and CAPITAL ... By expanding interpleader jurisdiction to actions "in the nature of interpleader," 28 U.S.C. § 1335(a), the federal interpleader statute has relaxed the requirement that the stakeholder be neutral and that the conflicting claims have the same origin. It was not a purpose of the statute that interpleader be used for forum shopping, which is the use to which it seems to have been 487 put here; and when an interpleader action is brought in bad faith it must be dismissed. Raese, supra, where an interpleader action was dismissed because the court found that the purpose was not to avoid multiple liability but to take advantage of the nationwide service of process provision in the interpleader statute. www.projectposner.org /case/1984/733F2d484   (1613 words)

6323 - Interpleader p1 Tax liens: Interpleaded funds: Priority of lien.--The government was entitled to the proceeds of a mortgage company's forced sale of a delinquent taxpayer's property to the extent that the interpleaded funds exceeded the amount of the taxpayer's debt to the company. As a stakeholder in the interpleader action, it could not recover costs from funds subject to a federal tax lien, which had attached to the funds before the mortgage company initiated its action. Recognizing that there were several possible claimants to the excess funds, Plaintiff filed an interpleader action against all of the potential claimants to the funds in the Superior Court of Coweta County seeking a ruling as to the entitlement to the funds and for attorney's fees and costs associated with the action. www.irstaxattorney.com /liens/part5-liens/continued/6323-Interpleade_p1.html   (8052 words)

Amendment of MCR 3.603 First, I believe that most parties bringing an interpleader action do so in the course of their business and, as such, the cost of the action is a cost of their doing business. First, they argue that, for interpleader plaintiffs, such actions are merely a "cost" of their doing business. The argument of the dissenters is apparently that they will not remedy any "unfair expenses" because consistency will then demand that they remedy all "unfair expenses." Second, the dissenters argue, correctly, that there are "few exceptions" to the general "American rule" that requires parties to pay their own legal fees. www.icle.org /michlaw/rules/mcr/amended/2001-11_07-31-02_or.html   (790 words)

RSC ORDER 17 -- INTERPLEADER Where the interpleader claimant fails to appear at the hearing, the Court may direct that the sheriff's and execution creditor's costs shall be assesed by a master or, where the hearing was heard in a district registry, by a district judge of that registry and the following CPR rules shall apply --- CPR Part 39 shall, with the necessary modifications, apply to the trial of an interpleader issue as it applies to the trial of a claim. The court by whom an interpleader issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the interpleader proceedings. www.hrothgar.co.uk /YAWS/rsc/rsc-17.htm   (1290 words)

CCR ORDER 33 - INTERPLEADER PROCEEDINGS In this Part of this order ‘the interpleader claimant’ means any person making a claim to or in respect of goods seized in execution or the proceeds or value thereof and ‘the interpleader claim’ means that claim. The interpleader claimant shall deliver to the bailiff holding the warrant of execution, or file in the office of the court for the district in which the goods were seized, notice of his claim stating – Where in interpleader proceedings under an execution the interpleader claimant claims from the execution creditor or the district judge, or the execution creditor claims from the district judge, damages arising or capable of arising out of the execution – www.dca.gov.uk /civil/procrules_fin/contents/schedule2/ccrorder33.htm   (1118 words)

Learn more about Equity in the online encyclopedia.   (Site not responding. Last check: 2007-10-26) The procedures in a court of equity were much more flexible than the courts at common law. In American civil practice, certain devices such as joinder, counterclaim, cross-claim and interpleader originated in the courts of equity. Because American federal courts don't distinguish between law and equity since the promulgation of the Federal Rules of Civil Procedure, these devices are now available in all Federal Civil Actions where appropriate. www.onlineencyclopedia.org /e/eq/equity.html   (781 words)

6323 - Interpleader p2 The bank was a disinterested stakeholder that, by reason of its possession of the funds, became subject to the competing claims; thus, the government's claim that its lien was superior to the allegedly inchoate state lien for attorneys' fees and costs was rejected. It asks the court to treat this as an interpleader action because conflicting claims are made by the defendants to the funds in Foxborough's possession. No question has been raised as to the propriety of the decree of interpleader, and any question as to the reasonableness of the amounts of counsel fees awarded in each case was expressly waived by the Government at the argument of the motions. www.irstaxattorney.com /liens/part5-liens/continued/6323-Interpleade_p2.html   (8093 words)

In Re: Cramer, Inc. Some of the other claimants questioned this Court's jurisdiction to entertain the interpleader action, but resolution of that question was delayed while the parties tried to reach a settlement. Section 1335 provides that district courts have original jurisdiction of interpleader suits involving money or property worth $500 or more if "[t]wo or more adverse claimants, of diverse citizenship as defined in section 1332 of this title, are claiming or may claim to be entitled" to the fund being submitted to the court. Tashire, 386 U.S. Venue of interpleader actions is controlled by §1397, which provides that actions under §1335 may be brought where one or more of the parties claiming an interest in the money or property "reside." Although this statute is stated permissively, there appears to be no provision allowing any alternative venue for interpleader actions. www.washlaw.edu /bankrupt/cases/1997/19971124/884027511.1124.html   (1967 words)

OSCN Found Document:AMERICAN WELL & PROSPECTING CO. v. SPEAR ¶2 The interpleader contends that the judgment of the court below ought to be reversed upon the following grounds: (1) The court erred in overruling the interpleader's motion to direct a verdict. There was evidence tending to sustain the allegations of the plaintiff's answer, and that, under a long line of decisions by this and other courts, precludes us from interfering with the verdict of the jury in his favor. Now, the court would instruct you that, if you find that the interpleader accepted this stock in payment for the debt which Douglass owed it, then, in that event, the interpleader did not have title at the time it interpleaded, and you should find for the plaintiff. www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=8340   (490 words)

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