Joinder

Question 1

What does joinder do?

Answer 1

Joins multiple claims into one case (all must have SMJ)

Question 2

Proper defendants and plaintiffs joinder rule

Answer 2

The claims by multiple plaintiffs or against multiple defendants must :
1. arise from the same transaction or occurrence and
2. raise at least one common question of law or fact

Question 3

Why would a court force a nonparty into a case?

Answer 3

Absentee is necessary or required which means that without the absentee the court cannot accord complete relief among the existing parties or absentee’s interest may be harmed if not joined or absentee claims an interest that subjects a party (usually D) to a risk of multiple obligations

Question 4

Are joint tortfeasors considered necessary?

Answer 4

No

Question 5

When is joining an absentee feasible?

Answer 5

there is PJ over absentee and SMJ over claim by or against absentee

Question 6

What happens when the absentee cannot be joined?

Answer 6

Court determines whether to proceed without absentee or dismiss entire case

Factors:
1. alternative forum available?
2. Likelihood of harm to absentee?
3. court can shape relief to avoid that harm to absentee?

Question 7

What is a counterclaim?

Answer 7

A claim against an opposing party

Question 8

When must plaintiff respond to a counterclaim from defendant?

Answer 8

Within 21 days of service of the counterclaim

Question 9

What is a compulsory counterclaim?

Answer 9

One that arises from the same transaction or occurrence as the plaintiff’s claim. Defendant must file the compulsory counterclaim in the pending case or the claim is waived

Question 10

What is a permissive counterclaim?

Answer 10

One that does not arise from the same transaction or occurrence as the plaintiff’s claim. May sue in a separate case

Question 11

Do counterclaims need smj?

Answer 11

yes

Question 12

What is a crossclaim?

Answer 12

A claim against a coparty that arises form the same transaction or occurrence as the underlying action.

It can be asserted in another case

Question 13

What is an impleader claim?

Answer 13

One where a defending party is bringing in a new party

Question 14

What is the impleader claim used for (defendant)?

Answer 14

used to shift to the third party defendant the liability that the defendant will owe to the plaintiff. Looking to have TPD to pay all or part of his own liability

Question 15

What is indemnity?

Answer 15

shift liability completely to TPD

Question 16

What is contribution?

Answer 16

shifts liability pro rata

Question 17

Is an impleader claim permissive?

Answer 17

Yes, dont have to bring it in the current case

Question 18

What is the process for impleading a TPD into a case?

Answer 18

1. D files a third party complaint naming TPD
2. have complaint formally served on TPD

within 14 days of serving the answer or else court permission needed

Question 19

What does plaintiff do after TPD is joined?

Answer 19

plaintiff may assert claims against the TPD and the TPD may assert claims against the plaintiff that arise out of the same transaction or occurrence as the underlying case

Question 20

When is intervention used?

Answer 20

A nonparty absentee uses intervention to bring herself into the case

Question 21

When does interpleader apply?

Answer 21

When separate actions might result in a double liability against a stakeholder. Interpleader suits permit a person to require two or more adverse claimants to the state to litigate among themselves to determine which, if any, has the valid claim to it (Rule 22 and Section 1335)

Not common exam topic

Question 22

Class action requirements:

Answer 22

1. too many class members for practicable joinder
2. some common issue
3. reps claims are typical of claims of the class
4. rep fairly and adequately represent the class

Question 23

Types of class actions

Answer 23

1. prejudice - necessary to avoid harm
2. injunctive or declaratory relief - treated class members alike
3. common question or damages - mass torts

Question 24

What must the court do to certify a class action?

Answer 24

1. define the class and claims, issues, or defenses and
2. appoint class counsel who must fairly and adequately represent the interest of the class

Question 25

What are the requirements for Type 3 notice to class?

Answer 25

1. paid for by the rep
2. can opt out
3. will be bound by the judgment if dont opt out and
4. can enter separate appearance through counsel

Question 26

Diversity in class actions

Answer 26

as long as the class rep’s claim meets diversity requirements, the class action may use diversity

Question 27

What is needed for the Class action fairness act to grant SMJ separate from diversity?

Answer 27

1. at least 100 members
2. minimal diversity of citizenship
3. aggregated claims of class exceed 5 million