Joinder of Parties & Claims

Question 1

permissive joinder of parties

Answer 1

multiple Ps or Ds MAY be joined in one action if:
1. joint and several relief is asserted by them OR the claim arises out of the same transaction or occurrence,
2. a common question of law or fact exists, AND
3. SMJ is present for each claim

Logical Relationship Test: all logically related events for a legal action are w/in the meaning of same transaction or occurrence

Question 2

required joinder of parties

Answer 2

a party MUST be joined if:
1. the party is necessary, AND
2. joinder is feasible

NOTE; the court MUST order that such a party be joined in the action

Question 3

necessary party

Answer 3

a party is necessary if:
1. the court cannot grant complete relief w/out the party,
2. the absent party claims an interest in the action that would be impaired or impeded, OR
3. the party’s absence creates a substantial risk of multiple liability or inconsistent obligations

Question 4

feasibility

Answer 4

joinder is feasible if:
1. joinder will NOT remove SMJ, AND
2. court has PJ over party

Question 5

If joinder is NOT feasible

Answer 5

the court will consider factors to decide whether to continue or dismiss the action:
- whether the party’s absence might prejudice any other party,
- whether prejudice can be lessened or avoided,
- whether an adequate judgment can be rendered, AND
- if P would have an adequate remedy if the case is dismissed

Question 6

intervention in action

Answer 6

two types:
1. intervention as of right
2. permissive intervention

Question 7

intervention as of right

Answer 7

a court MUST permit a non-party to intervene in an action if it demonstrates:
1. that the application to intervene is timely,
2. an interest in the subject matter of the action
3. that protection of this interest would be impaired, AND
4. such interest is NOT adequately represented by existing parties in the action

NOTE: if intervention as of right is NOT present, the court may still allow permissive intervention upon a timely motion

Question 8

permissive intervention

Answer 8

a court MAY allow a non-party to intervene when the non-party:
1. files a timely motion, AND
2. either:
- has a claim/defense that shares a common question of law or fact w/ the main action, OR
- is given a conditional right to intervene by federal statute

NOTE: the court must consider whether intervention will unduly delay or prejudice the adjudication of the OG parties’ rights

Question 9

impleader (3P actions)

Answer 9

D may bring a 3P into an action only if:
- the 3P is or may be liable to D,
- for all/party of the claim against D in the action

NOTE: claims merely arising out of the same transaction or occurrence are insufficient UNLESS derivative liability exists (ie, indemnification, contribution)

Question 10

commencement of a 3P action

Answer 10

D (as a 3P plaintiff) must serve a summons & 3P complaint upon the 3P
- leave the court is required if more than 14-days have passed since serving its Answer

Question 11

class action requirements

Answer 11

a person is allowed to sue on behalf of a class when there is:
1. numerosity: class is so numerous that joinder is impracticable
2. commonality: questions of law or fact are common to the class
3. typicality: the claims/defenses of representative parties are typical of the class, AND
4. adequacy of representation: the representative parties (incl. counsel) will fairly and adequately protect the interests of the class

Question 12

class certification

Answer 12

if the above are met, the class will be certified if:
1. inconsistent/dispositive adjudications: separate actions would create a risk of (1) inconsistent adjudications OR (2) harm the intersts of absent class members
2. declaratory/injunctive relief: the party opposing the class has acted/refused to act on the grounds for declaratory/injunctive relief are appropriate to the whole class, OR
3. predominance & superiority: common questions of law or fact are predominant AND a class action is superior to other methods