5. Joinder Flashcards
State the rule for joinder of claims (by the plaintiff) and counterclaims (by the defendant)?
Plaintiff: Any number of claims may be joined against the same defendant in the same action - even if unrelated or without common nucleus of operative fact.
Defendant:
(1) If claim AROSE OUT OF SAME TRANSACTION OR OCCURENCE it is COMPULSARY and must be joined or it is waived
(2) May also join any counterclaims not arising out of the same transaction or occurrence - these are PERMISSIVE counterclaims.
Note: Must satisfy supplemental jurisdiction / “common nucleus of operative fact” test to tack onto federal suit.
What are the types of “joinder” for parties a plaintiff may join?
“Permissive joinder” permits the plaintiff to join any party if (1) the claim against the joined party ARISES OUT OF the same transaction or occurrence and (2) the claims raise a COMMON QUESTION of law or fact.
Whereas “compulsory joinder” requires the plaintiff to join NECESSARY AND INDISPENSABLE PARTIES.
How will you walk through a compulsory joinder question?
Where a party alleges another party must be joined (i.e., compulsory joinder), the court will first look to see if the party is NECESSARY.
A party is necessary where the (1) court CANNOT AFFORD COMPLETE RELIEF without the party, (2) there is a DANGER the absentee will be HARMED or (3) there is a possibility of DOUBLE LIABILITY. A plaintiff must join necessary parties.
If a party is deemed necessary, what will the court consider next?
If joinder is necessary, the court will next determine whether they are “indispensable” - meaning the court will dismiss. Look at (1) alternative forum available? (2) actual likelihood of harm? (3) whether court shape relief to avoid harm? May proceed without the party if believes it can afford effective relief.
Note: If joinder will destroy diversity, court may proceed without them or dismiss.
When is a crossclaim permissible? (i.e., against a co-party)
Only if they arise out of the same transaction or occurrence, thus they will come in under supplemental jurisdiction. They are never compulsory.
When is an impleader appropriate?
Defendant may implead another that they believe is liable for all or part of the claim, by reason of derivative liability (indemnity, contribution), within 14 days of their answer.
CA: No limit to derivative liability, can be any 3rd party if claim arose in same transaction or occurrence.
What is intervention?
A 3rd party may intervene BY RIGHT (suit impairs their interest or its not adequately represented) if timely and won’t destroy diversity.
Are also permitted upon application if their claim/defense has ONE common question of law or fact - up to the judge there.
What is interpleader?
Stakeholder owns property that two or more others claim ownership to. Can force everyone into a single suit.
What are the two types of interpleader?
Rule 22 - Usual rules regarding diversity jurisdiction, venue and service apply.
Statutory - lower standards: Only one claimant needs to be diverse, $500 amount in controversy threshold. Venue is where proper where any claimant resides. Must deposit disputed amount with the court.
