Rule 20 is a flexible rule that allows for fairness and
judicial economy. Rule 20(a) permits joinder in a single action
of all persons asserting, or defending against, a joint, several,
or alternative right to relief that arises out of the same
transaction or occurrence and presents a common question of law
or fact. The purpose of the rule is to promote trial convenience
and expedite the final determination of disputes, thereby
preventing multiple lawsuits. 7 Charles Alan Wright, Arthur R.
Miller, & Mary Kay Kane, Federal Practice and Procedure § 1652
at 371-72 (1986). "Instead of developing one generalized test for
ascertaining whether or not a particular factual situation
constitutes a single transaction or occurrence for purposes of
Rule 20, the courts . . . have adopted a case by case approach."
Id. at § 1653 at 382. When the district court decides pre-trial
issues, as whether the particular facts warrant joinder, its
decision is subject to review only for abuse of discretion.
Mizwicki v. Helwig, 196 F.3d 828
, 833 (7th Cir. 1999). In United Mine Workers of America v. Gibbs, 383 U.S. 715
(1966), the Supreme Court held that "[u]nder the Rules, the
impulse is toward entertaining the broadest possible scope of
action consistent with fairness to the parties; joinder of
claims, parties and remedies is strongly encouraged." Consistent
with this policy, the transaction and common question
requirements prescribed by Rule 20(a) are to be liberally
construed in the interest of convenience and judicial economy.
Swan v. Ray, 293 F.3d 1252
, 1253 (11th Cir. 2002). The
Ninth Circuit Court of Appeals has noted that the policy of
liberal application of Rule 20 is not a license to join any and
all claims and defendants in one lawsuit:
Permissive joinder is not, however, applicable in all
cases. The rule imposes two specific requisites to
the joinder of parties: (1) a right to relief must be
asserted by, or against, each plaintiff or defendant
relating to or arising out of the same transaction or
occurrence, or series of transactions or occurrences;
and (2) some question of law or fact common to all
the parties must arise in the action.
Mosley v. General Motors Corp., 497 F.2d 1330
, 1333 (8th Cir.