When will a court allow a defendant to intervene in a civil case?

MultiRegion, United States of America

The following excerpt is from New York News, Inc. v. Kheel, 972 F.2d 482 (2nd Cir. 1992):

Because prejudice to the parties could have been substantial, see Farmland Dairies v. Commissioner of N.Y. Dep't of Agr., 847 F.2d 1038, 1044 (2d Cir.1988) (settlement would be jeopardized by intervention as of right because "[t]he interests prejudiced by intervention-- ... [defendant's] interest in avoiding continuing litigation and a potential obligation to indemnify [codefendant] against [plaintiff's] damage claim--are clearly substantial"), the district court did not abuse its broad discretion in concluding that the rights of the parties to settle the suit weighed against permitting intervention.

2. Standing

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