The Justice says: “Um…how about no.”

Justice Fortas* brought me so much joy:

And an insurance company whose maximum interest in the case cannot exceed $20,000 and who in fact asserts that it has no interest at all, should not be allowed to determine that dozens of tort plaintiffs must be compelled to press their claims-even those claims which are not against the insured and which in no event could be satisfied out of the meager insurance fund-in a single forum of the insurance company’s choosing.

There is nothing in the statutory scheme, and very little in the judicial and academic commentary upon that scheme, which requires that the tail be allowed to wag the dog in this fashion.

State Farm Fire & Cas. Co. v. Tashire. 386 U.S. 523