If two or more defendants are named and the claims are united in interest, commencing suit against one preserves the action against the others.

• A. It does not preserve
• B. It preserves only if all are served
• C. It preserves the action against the others
• D. It preserves only if joined by amendment

Answer: (C)

When the defendants’ liabilities arise from the same facts and there is a common legal theory linking them, the claims are said to be united in interest. In that situation, starting the action by naming one defendant is enough to keep the whole dispute alive against the others. The reason is efficiency and ensuring a single, coherent resolution: the same evidence and issues will determine liability for all who are potentially responsible, so proceeding in one suit prevents fragmented litigation and possible inconsistent results. As a result, the action against the others is preserved even if they haven’t been served yet. If the defendants’ claims weren’t united in interest, this preservation wouldn’t apply and you’d typically need to join or sue separately.