Delores Abram et al v. Reichhold Chemicals, Inc., filed a motion for class certification under Rule 23(b)(3). After some discovery, the Dist. court denied the, 67 F.3d 571. · Go Syfert
Delores Abram et al v. Reichhold Chemicals, Inc., filed a motion for class certification under Rule 23(b)(3). After some discovery, the Dist. court denied the, 67 F.3d 571. Cases Citing This Book View Copy Cite
“he district court also has discretion to sever claims under federal rule of civil procedure 42(b), in furtherance of convenience or economy, or to prevent prejudice.”
152 citation events (103 in the last 25 years) across 22 distinct courts.
Strongest positive: Byron Garner v. Tangipahoa Parish School System (laed, 2026-04-22) · Strongest negative: Rivera v. Wyeth-Ayerst Laboratories (txsd, 2000-11-29)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Rivera v. Wyeth-Ayerst Laboratories (2×) also: Cited "see, e.g."
S.D. Tex. · 2000 · signal: but see · confidence high
But see Applewhite, 67 F.3d at 573 (holding that the class must have two issues in common).
discussed Cited "but see" Kelley v. Galveston Autoplex (2×) also: Cited "see, e.g."
S.D. Tex. · 2000 · signal: but see · confidence high
But see Applewhite, 67 F.3d at 573 (holding that the class must have two issues in common).
discussed Cited "but see" Zachery v. Texaco Exploration & Production, Inc. (2×)
W.D. Tex. · 1999 · signal: but see · confidence high
Commonality The commonality requirement is met “when there is at least one issue, the resolution of which will affect all or a significant number of the putative class members.” Lightbourn v. County of El Paso, Texas, 118 F.3d 421, 426 (5th Cir.1997); but see, Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 573 (5th Cir.1995) (“class certification requires at least two issues in common.”) Id.
discussed Cited as authority (verbatim quote) Byron Garner v. Tangipahoa Parish School System
E.D. La. · 2026 · quote attribution · 1 verbatim quote · confidence high
he district court also has discretion to sever claims under rule 42(b), in furtherance of convenience or economy, or to prevent prejudice.
discussed Cited as authority (verbatim quote) C & S Properties - I, LLC v. Foremost Insurance Company Grand Rapids, Michigan
E.D. La. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he district court also has discretion to sever claims under federal rule of civil procedure 42(b), in furtherance of convenience or economy, or to prevent prejudice.
discussed Cited as authority (verbatim quote) Stein v. Needle
D. Conn. · 2020 · quote attribution · 1 verbatim quote · confidence high
generally, permissive joinder of plaintiffs under federal rule of civil procedure 20 is at the option of plaintiffs
discussed Cited as authority (verbatim quote) ACOSTA v. FARAONES NIGHTCLUB
D.N.J. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally, permissive joinder of plaintiffs under federal rule of civil procedures 20 is at the option of the plaintiffs . . . .
examined Cited as authority (verbatim quote) El Aguila Food Products, Inc. v. Gruma Corp. (5×) also: Cited "see", Cited "see, e.g."
S.D. Tex. · 2001 · quote attribution · 1 verbatim quote · confidence high
the district court has discretion to sever an action if it is misjoined
discussed Cited as authority (rule) Damon J. Baldone, LLC v. Starr Surplus Lines Insurance Company, et al.
E.D. La. · 2026 · confidence medium
Jan. 17, 2007) (Feldman, J.) (citing United States v. O'Neil, 709 F.2d 361 , 369 (5th Cir. 1983); Applewhite v. Reichhold Chems., 67 F.3d 571, 574 (5th Cir. 1995)). 74 Id. at *2 (citing Vaz v. Allstate Prop. & Cas.
discussed Cited as authority (rule) Maria Yazmin Valencia Lopez, et al. v. Ur M. Jaddou
S.D. Tex. · 2025 · confidence medium
“Generally, permissive joinder ... is at the option of the plaintiffs, assuming they meet the requirements set forth in Rule 20.” Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (Sth Cir. 1995).
discussed Cited as authority (rule) In re: Stewart Barge Number Twelve, LLC, as Owner of the SC 740 Barge
E.D. La. · 2025 · confidence medium
Nonetheless and critically relevant in this case, permissive joinder under Rule 20 is at the option of the plaintiffs.6 See Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir. 1995); see also Field v. Volkswagenwerk AG, 626 F.2d 293, 299 (3d Cir. 1980) (“Under Rule 20, moreover, joinder of plaintiffs “is at the option of the plaintiffs;” it cannot be demanded as a matter of right by the defendant.”) 4.
cited Cited as authority (rule) JetTexas Oil, LLC v. Hoge
Bankr. N.D. Tex. · 2025 · confidence medium
See Alaniz, 591 F.3d at 773–74; Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Abunasser v. Prospect Airport Services Inc
N.D. Tex. · 2024 · confidence medium
II Rule 21 provides that “[t]he court may . . . sever any claim against a party.” Under this rule, a “district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Salih v. Prospect Airport Services Inc
N.D. Tex. · 2024 · confidence medium
II Rule 21 provides that “[t]he court may . . . sever any claim against a party.” Under this rule, a “district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Tabidi v. Prospect Airport Services Inc
N.D. Tex. · 2024 · confidence medium
II Rule 21 provides that “[t]he court may . . . sever any claim against a party.” Under this rule, a “district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Wagner v. Harris County, Texas (2×) also: Cited "see"
S.D. Tex. · 2024 · confidence medium
“Generally, permissive joinder . . . is at the option of the plaintiffs, assuming they meet the requirements set forth in Rule 20.” Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) United States v. Tandem Roofing, LLC
E.D. La. · 2023 · confidence medium
Id. (citing Applewhite v. Reichhold Chems, Inc., 67 F.3d 571, 574 (5th Cir. 1995)). consented.”77 Section 1404(a) is “a codification of the doctrine of forum non conveniens for the subset of cases in which the transferee forum is within the federal court system; in such cases, Congress has replaced the traditional remedy of outright dismissal with transfer.”78 Usually, a court applying the doctrine of forum non conveniens must determine whether there is an adequate alternative forum and, if so, determine which forum is best-suited to the litigation by considering “a variety of private-…
cited Cited as authority (rule) Cruz v. Resolute Capital Partners LTD LLC
N.D. Tex. · 2023 · confidence medium
Co. v. Falcon, 457 U.S. 147, 161 , 102 S.Ct. 2364, 2372 , 72 L.Ed.2d 740 (1982); Applewhite v. Reichhold Chems., 67 F.3d 571, 573 (5th Cir.1995).
discussed Cited as authority (rule) (PC) Mundy v. Sacramento County Jail Medical Staff
E.D. Cal. · 2023 · confidence medium
A severance may 17 be justified by various considerations, including avoiding undue delay or prejudice to the 18 parties, see Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995), whether 19 there are significantly different factual situations or legal questions, Langley v. Guiding Hands 20 Sch., Inc., No. 2:20-cv-00635-TLN-KJN, 2021 WL 1212713 (E.D.
discussed Cited as authority (rule) (PC) Mundy v. City and County of Sacramento
E.D. Cal. · 2023 · confidence medium
A severance may 17 be justified by various considerations, including avoiding undue delay or prejudice to the 18 parties, see Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995), whether 19 there are significantly different factual situations or legal questions, Langley v. Guiding Hands 20 Sch., Inc., No. 2:20-cv-00635-TLN-KJN, 2021 WL 1212713 (E.D.
discussed Cited as authority (rule) (PC) Mundy v. Cavello
E.D. Cal. · 2023 · confidence medium
A severance may 17 be justified by various considerations, including avoiding undue delay or prejudice to the 18 parties, see Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995), whether 19 there are significantly different factual situations or legal questions, Langley v. Guiding Hands 20 Sch., Inc., No. 2:20-cv-00635-TLN-KJN, 2021 WL 1212713 (E.D.
discussed Cited as authority (rule) Britt v. Mississippi Farm Bureau Casualty Insurance Company
N.D. Miss. · 2022 · confidence medium
Additionally, “the district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., 67 F.3d 571, 574 (Sth Cir, 1995), “Since Rule 21 does not provide any standards by which district courts can determine if parties are misjoined, courts have looked to Rule 20 for guidance,” Acevedo y.
discussed Cited as authority (rule) Aucoin v. Madison Correctional Center
W.D. La. · 2022 · confidence medium
District courts have “discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir. 1995).2 Here, Plaintiff asserts claims against defendants that do not arise out of the same transaction, occurrence, or series of transactions or occurrences.
discussed Cited as authority (rule) National Federation of the Blind of Texas Inc v. City of Arlington Texas
N.D. Tex. · 2022 · confidence medium
“Generally, as long as both prongs of the test are met, ‘permissive joinder of plaintiffs . . . is at the option of the plaintiffs.’” Acevedo v. Allsup’s Convenience Stores, Inc., 600 F.3d 516, 521 (5th Cir. 2010) (quoting Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995)).
discussed Cited as authority (rule) Williams v. The City of Jackson
S.D. Miss. · 2021 · confidence medium
“Under Rules 20 and 21, the district court has wide discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
cited Cited as authority (rule) Hotard v. Avondale Industries, Inc.
E.D. La. · 2021 · confidence medium
Id. (citing Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995)). 54 Fed.
cited Cited as authority (rule) Gooding v. Liberty Mutual Insurance Co.
E.D. La. · 2021 · confidence medium
Id. (citing Applewhite v. Reichhold Chems, Inc., 67 F.3d 571, 574 (5th Cir. 1995)). 49 Fed.
discussed Cited as authority (rule) Chandavong v. Fresno Deputy Sheriff's Association
E.D. Cal. · 2021 · confidence medium
A severance may be justified by various considerations, 19 including avoiding undue delay or prejudice to the parties, see Applewhite v. Reichhold Chems., 20 Inc., 67 F.3d 571, 574 (5th Cir. 1995), whether there are significantly different factual situations or 21 legal questions, Langley v. Guiding Hands Sch., Inc., 2021 U.S. Dist.
discussed Cited as authority (rule) Campos v. Fresno Deputy Sheriff's Association, County of Fresno
E.D. Cal. · 2021 · confidence medium
A severance may be justified by various considerations, 19 including avoiding undue delay or prejudice to the parties, see Applewhite v. Reichhold Chems., 20 Inc., 67 F.3d 571, 574 (5th Cir. 1995), whether there are significantly different factual situations or 21 legal questions, Langley v. Guiding Hands Sch., Inc., 2021 U.S. Dist.
discussed Cited as authority (rule) Locke v. Thomas
E.D. Tex. · 2020 · confidence medium
In re Rolls Royce Corp., 775 F.3d 671, 680 (5th Cir. 2014), cert. denied, 136 S. Ct. 45 (2015); Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995); Brunet v. United Gas Pipeline Co., 15 F.3d 500, 505 (5th Cir. 1994).
cited Cited as authority (rule) Sanchez v. Schlumberger Tech. Corp.
S.D. Tex. · 2020 · confidence medium
Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Sanchez v. Schlumberger Tech. Corp.
S.D. Tex. · 2020 · confidence medium
Additionally, “the district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) The Estate of I.C.D. v. Beaumont ISD
E.D. Tex. · 2020 · confidence medium
In re Rolls Royce Corp., 775 F.3d 671, 680 (5th Cir. 2014), cert. denied, 136 S. Ct. 45 (2015); Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995); Brunet v. United Gas Pipeline Co., 15 F.3d 500, 505 (5th Cir. 1994).
cited Cited as authority (rule) Alam v. BMW of North America, LLC
W.D. Tex. · 2019 · confidence medium
If both prongs are met, “permissive joinder of plaintiffs . . . is at the option of the plaintiffs.” Id. (quoting Applewhite v. Reichhold Chems., 67 F.3d 571, 574 (5th Cir. 1995)).
discussed Cited as authority (rule) Horne v. Texas Department of Transportation
E.D. Tex. · 2019 · confidence medium
Under Rule 21, a “district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Offshore Rental Ltd v. Louisiana Scrap International Inc
W.D. La. · 2019 · confidence medium
Under Rule 21, a “district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Fritz John Hoeflein, III v. Crescent Drilling and Production, Inc.
W.D. Tex. · 2019 · confidence medium
Federal Rule of Civil Procedure 21 grants this Court discretion to sever any claim against a party if a claim “is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., 67 F.3d 571, 574 (5th Cir. 1995).
cited Cited as authority (rule) Cummings v. Americredit Financial Services, Inc.
E.D. La. · 2019 · confidence medium
Oct. 21, 2008). 22 Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir. 1995). 23 See Adams v. Big Lots Stores, Inc., No. 08-4326, 2009 WL 2160430 , at *2 (E.D.
cited Cited as authority (rule) Stanford v. Liberty Mutual Group Inc.
N.D. Miss. · 2019 · confidence medium
A district court may exercise this discretion if an action “is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Davis v. Courtyard Management Corporation
E.D. La. · 2019 · confidence medium
Under Rule 21, a “district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995).
cited Cited as authority (rule) Bocage v. M-I, L.L.C.
E.D. La. · 2019 · confidence medium
Oct. 21, 2008). 22 Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir. 1995). 23 See Adams v. Big Lots Stores, Inc., No. 08-4326, 2009 WL 2160430 , at *2 (E.D.
discussed Cited as authority (rule) Stevens v. Johnson
W.D. La. · 2019 · confidence medium
District courts have “discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir. 1995).1 Here, in each pleading, Plaintiff asserts claims against defendants that do not arise out of the same transaction, occurrence, or series of transactions or occurrences set forth in the other pleadings.
discussed Cited as authority (rule) David Bailey v. Bryan Collier
5th Cir. · 2017 · confidence medium
However, a later decision of ours —Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571 (5th Cir. 1995)—held that "class certification requires at least two issues in common.” Id. at 573 (emphasis added).
discussed Cited as authority (rule) Texas Farmers Insurance Co. v. Louisiana-Pacific Corp.
E.D. Tex. · 2017 · confidence medium
Under Rule 21, a “district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice.” Applewhite v. Reichhold Chems., 67 F.3d 571, 574 (5th Cir. 1995).
discussed Cited as authority (rule) Hispanic Affairs Project v. Perez
D.D.C. · 2016 · confidence medium
“The Court may also sever any claim against a party.” Id.; see also Wyndham Assocs. v. Bintliff, 398 F.2d 614 , 618 (2d Cir. 1968) (noting that Rule 21 “authorizes the severance of any claim, even without a finding of improper joinder, where there are sufficient other reasons for ordering a severance”); Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995) (holding that Rule 21 gives the court “discretion to sever an action if it . . . might otherwise cause delay or prejudice”); Aiello v. Kingston, 947 F.2d 834, 835 (7th Cir. 1991) (observing that “[Rule] 21 allo…
discussed Cited as authority (rule) Barragan v. General Motors LLC
W.D. Tex. · 2015 · confidence medium
“Generally, a permissive joinder of plaintiffs under Federal Rule of Civil Procedure 20 is at the option of the plaintiffs .... ” Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir.1995).
discussed Cited as authority (rule) Quinton Brown v. Nucor Corporation (2×)
4th Cir. · 2015 · confidence medium
See, e.g., Little v. T-Mobile USA, Inc., 691 F.3d 1302, 1306-08 (11th Cir. 2012); Klay v. Humana, Inc., 382 F.3d 1241, 1268 (11th Cir. 2004), abrogated on other grounds by 67 Bridge v. Phoenix Bond & Indemnity Co., 553 U.S. 639 (2008); Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 573-74 (5th Cir. 1995).
discussed Cited as authority (rule) In Re: Rolls Royce Corporation (2×) also: Cited "see"
5th Cir. · 2014 · confidence medium
In Liaw Su Teng v. Skaarup Shipping Corporation, 41 addressing the situation where a court could transfer 39 See Applewhite v. Reichold Chems., Inc., 67 F.3d 571, 574 (5th Cir. 1995); Burnet v. United Gas Pipeline Co., 15 F.3d 500, 505 (5th Cir. 1994). 40 While our circuit has not formally adopted a severance test, our district courts have settled on a standard which accords with that used in other circuits.
cited Cited as authority (rule) Alhassid v. Bank of America, N.A.
S.D. Fla. · 2014 · confidence medium
June 11, 2013) (citing Applewhite v. Reichhold Chemicals, Inc., 67 F.3d 571, 574 (5th Cir.1995)).
cited Cited as authority (rule) E. Cornell Malone Corp. v. Sisters of the Holy Family
E.D. La. · 2013 · confidence medium
Id. (citing Applewhite v. Reichhold Chems., Inc., 67 F.3d 571, 574 (5th Cir.1995)). .
Retrieving the full opinion text from the archive…
Delores Abram et al
v.
Reichhold Chemicals, Inc., filed a motion for class certification under Rule 23(b)(3). After some discovery, the district court denied the
WISDOM, Circuit Judge.

The appellants seek review of the district court’s refusal to certify a class action lawsuit and its dismissal of the appellants’ complaint. We AFFIRM the district court’s denial of class certification but VACATE the dismissal and REMAND for reconsideration of whether dismissal is appropriate in this case.

I.

Reichhold Chemicals, Inc., the defendant/appellee, operated a chemical manufacturing plant in Columbus, Mississippi between January 1975 and March 1977. Operations at the plant closed after an explosion and fire in 1977. In 1984, the Reichhold site was designated for cleanup under the EPA Superfund after the discovery of toxic wastes at the site.

Numerous suits were filed against Reich-hold Chemicals. In 1989, in one of these cases, Levell Mark et al. v. Reichhold Chemicals, Inc., a class was certified under Federal Rule of Civil Procedure 23(b)(1)(B) for the resolution of punitive damage claims against Reichhold Chemicals. The notice of certification provided that only those litigants with a lawsuit pending against Reichhold or filed within sixty days from the date of notice[*573] seeking punitive damages and who were found entitled to compensatory damages would be eligible to share in the class’s recovery.

The plaintiff/appellants filed this suit in response to the punitive damages class notice. Dessie Lee Applewhite, along with two hundred other plaintiffs, filed this suit seeking both compensatory and punitive damages from Reichhold Chemicals for injuries allegedly caused by the defendant’s operations in Columbus. This action was originally filed in the Mark case. The case, however, was subsequently re-eaptioned Dessie Lee Applewhite et al. v. Reichhold Chemicals, Inc.

In 1993, the plaintiffs, in a joint motion with plaintiffs in the case of Delores Abram et al. v. Reichhold Chemicals, Inc., filed a motion for class certification under Rule 23(b)(3). After some discovery, the district court denied the plaintiffs’ motion for class certification. The district court also dismissed the plaintiffs’ complaint without prejudice based on a March 3, 1992 order in the Mark case requiring all subsequent suits against Reichhold Chemicals regarding the Columbus site to be filed separately. On appeal, the plaintiffs challenge both of these decisions.

II.

The district court has wide discretion in deciding whether to certify a class action. [1] We review this decision for an abuse of discretion. [2] The party seeking class certification has the burden of showing that the requirements for a class action have been met. [3] There are six basic requirements for a Rule 23(b)(3) class aetion suit. First, Rule 23(a) imposes four prerequisites: numerosity, commonality, typicality, and adequacy of representation. In addition, Rule 23(b)(3) requires that the common factual and legal issues predominate and that the movant show that a class action is the superior method of adjudication. [4]

The district court determined that the plaintiffs had “totally failed to meet the requirements of Rule 23 for certification of the proposed class.” [5] We agree. On appeal, the plaintiffs’ brief fails to address two of the six requirements for class action certification. [6] Failure to brief and argue these issues constitutes waiver. [7] Also, in regard to the commonality requirement, the plaintiffs only assert one common issue. [8] Although the threshold for commonality is not high, class certification requires at least two issues in common. [9] Furthermore, the plaintiffs seek a Rule 23(b)(3) class action which requires that the common issues predominate. If the plaintiffs cannot identify more than one common issue, they cannot argue that the common issues predominate this litigation. Finally, the omissions in the plaintiffs’[*574] appellate brief, as well as counsel’s conduct below, counsels against a finding that the class members would be adequately represented. Since the plaintiffs have failed to demonstrate that their case meets the requirements of Rule 23, we hold that the district court did not abuse its discretion when it denied class certification.

The plaintiffs also argue that the district court erred when it dismissed their complaint without prejudice based on a blanket order that all future suits against Reich-hold Chemicals should be filed separately. [10] Generally, permissive joinder of plaintiffs under Federal Rule of Civil Procedure 20 is at the option of the plaintiffs, assuming they meet the requirements set forth in Rule 20. [11] Under Rules 20 and 21, the district court has the discretion to sever an action if it is misjoined or might otherwise cause delay or prejudice. [12] Further, the district court also has discretion to sever claims under Federal Rule of Civil Procedure 42(b), in furtherance of convenience or economy, or to prevent prejudice. This discretion, however, should be exercised after an examination of the individual case. Thus, we remand this case for the district court to consider whether the plaintiffs are properly joined and whether they should be allowed to continue in one action.

III.

We AFFIRM the district court’s decision not to certify a class action under Rule 23(b)(3) but VACATE the dismissal and REMAND for further proceedings on the issues of joinder and the advisability of severance.

1

. Jenkins v. Raymark Industries, Inc., 782 F.2d 468, 471-72 (5th Cir.1986).

3

. Zeidman v. J. Ray McDermott & Company, Inc., 651 F.2d 1030, 1038 (5th Cir.1981).

4

. See, Jenkins, 782 F.2d at 472-73.

5

. The district court's memorandum opinion denying class certification and dismissing the plaintiffs' complaint, Record, volume 2 at 272.

6

. The plaintiffs’ brief fails to address the requirements of Rule 23(b)(3) that the common issues predominate over those issues affecting individual litigants and that the movant show that a class action is the superior method of adjudication.

7

.Gann v. Fruehauf Corporation, 52 F.3d 1320, 1328 (5th Cir.1995) (deeming a claim abandoned on appeal because the appellant did not "ad-vanee arguments in the body of his brief in support of his appeal of his ... claims"); Cavallini v. State Farm Mutual Auto Insurance Company, 44 F.3d 256, 260 n. 9 (5th Cir.1995) (noting that "the failure to provide any legal or factual analysis of an issue results in waiver of that issue”); United States v. Maldonado, 42 F.3d 906, 910 n. 7 (5th Cir.1995) (refusing to consider an issue because it was not discussed in the appellant’s brief).

8

. In their brief, the plaintiffs argue that the common issue is the defendant's gross negligence. The plaintiffs close their section on commonality by stating that "the parties to this litigation have one or more issues of law or fact common to them all”. The plaintiffs choose not to identify what these additional common issues are, if any. We will not attempt to identify those issues on behalf of the plaintiffs.

9

. Stewart v. Winter, 669 F.2d 328, 335 n. 16 (5th Cir.1982) (noting that "by its terms, Rule 23(a)(2) requires more than one common question").

10

. The plaintiffs also maintain that the district court’s dismissal violates their rights to due process and equal protection of the laws as well as the doctrine of separation of powers. The plaintiffs cite no authority in support of these arguments. In the light of the plaintiffs failure to adequately brief these issues and our decision to vacate the dismissal and remand, we do not address the plaintiffs constitutional arguments.

11

. Field v. Volkswagenwerk AG, 626 F.2d 293, 299 (3rd Cir.1980). Rule 20 requires that all of the plaintiffs' claims arise out of the same transaction or occurrence and that there is a common issue of fact or law. See, Demboski v. CSX Transportation, Inc., 157 F.R.D. 28, 29-30 (S.D.Miss.1994).

12

. Mosley v. General Motors Corporation, 497 F.2d 1330, 1332-33 (8th Cir.1974); see also, Demboski, 157 F.R.D. at 29; Hanley v. First Investors Corporation, 151 F.R.D. 76, 77-80 (E.D.Tex.1993).