‘Swarm’ Joinder Potential for Abuse Justified Rule 20(b) Discretionary Severance

In light of the realistic potential for prejudice to the many defendants, and for misuse of judicial resources, the cases in a “swarm” joinder adult-film copyright infringement action should be severed pursuant to the court’s discretion under Fed. R. Civ. P. 20(b), the U.S. District Court for the District of Massachusetts ruled Oct. 2 (Third Degree Films v. Does 1-47, D. Mass., 1:12-cv-10761-WGY, 10/2/12).

“[T]he Court determines that any efficiency gains and cost benefits to Third Degree from joining the Doe defendants in a single action are substantially outweighed by the fairness concerns and inefficiencies at trial, ...