Multiple Parties & Claims

Question 1

Permissive Joinder of Parties

Answer 1

Joinder by Plaintiffs or D’s if right to relief stems from same question of law or fact, arises out of same transaction or occurrence

Question 2

What is JD requirement for permissive joinder

Answer 2

Need SMJD

Defendants: SJ doesn’t apply need complete diversity & meet AIC requirement. Need proper in personam JD to be proper

PlaintiffsL SJ is permitted, AIC can be less than 75k but need complete diversity

Question 3

What is Compulsory Joinder

Answer 3

defendants compel plaintiffs to do something

Question 4

What is a necessary party for compulsory joinder?

Answer 4

cant receive complete relief in their absence or
absence impairs their ability or
absence would leave the partys to substantial obligation

Question 5

How to determine compulsory joinder is proper?

Answer 5

1. are they necessary party
2. if it is feasible to add the party to litigation? if no,
3. Should the court proceed without party or through the entire case out?

Question 6

How many plaintiff or defendants may join under permissive joinder?

Answer 6

any #

claim arises out of same transaction/occurence AND
common ? of law and fact

Question 7

How does diversity affect joinder

Answer 7

parties that would destroy complete diversity cant be joinder

Question 8

What is Counter claim?

Answer 8

claim by opposing party usually defendant against plaintiff pleaded in defendants answer

Question 9

What is Jd requirements for compulsory joinder?

Answer 9

Need SMJD

• If exclusive jd is diversity and a requirement is not met, cant join the party
• Need in personam JD over defendants to be proper

Question 10

What happens if venue is improper for joinder party?

Answer 10

If object or joinder would make venue improper court must dismiss the party

Question 11

What is indispensable party and the consequences?

Answer 11

If joinder would affect venue or jurisdiction, court dismiss the case after looking to the following

if judgment would prejudice the party
what protective measure can be taken to prevent prejudice
if absence would still create adq. judgment
will there be adq. rememdy

Question 12

What is interventions of right ?

Answer 12

non party has interest in property or transaction, case may impair their interest, or not adq. represented can seek to join the litigation

Question 13

Permissive Intervention

Answer 13

right to intervene by statue or arises out of same transaction/occurence

court need to access if intervention would cause prejudice

Question 14

How does timeliness play a role in intervention

Answer 14

court will consider how long they knew or reaonsbale knew of action
prejudice to existing party
prejudice to movant if denied

Question 15

Requirements for JD in intervention

Answer 15

need SMJD

cant be jioned if exclusive JD is diversity and requirements are not met

Question 16

What is interpleader

Answer 16

property (stakeholder) joint other people with claims in the property

Question 17

What is federal impleader?

Answer 17

P claim explode P to multiple forms of liability . OR D explored to similar liability and seekes to implied through cross claims

Question 18

What are Jd requirements for federal impleader

Answer 18

SMJD

for diversity only stakeholder needs to be completely diverse

Question 19

How to determine if Counterclaim is compulsory?

Answer 19

at the time of service it arises out of same T/O and doesn’t require adding another party who court doesn’t have JD over

Question 20

When must Crossclaims be answer

Answer 20

21 days after service

Question 21

Can the court use supplemental jurisdiction in a class action?

Answer 21

Yes, when DJD exist over one plaintiff a court can use SJ over claims of the class that dont satisfy AIC

Question 22

Can party bring the claims again against the defendant if they did not bring it in the first case?

Answer 22

Claim preclusion bars claims that could have arisen in the prior case