Fed Jurisdiction - Complex Cases - Joining Parties Flashcards
Who may joined as co-parties?
Parties whose claims:
(1) Arise from the same T/O
(2) Raise at least one common question
Must assess SMJ
When is a party necessary and indispensable?
An absentee who meets any of these tests:
(1) Without A, the court cannot accord complete relief among existing parties (worried about multiple suits; OR
(2) A’s interest may be harmed if he is not joined (practical harm) [Most likely to be on test[; or
(3) A;s claims an interest which subject a party (usually D) to multiple obligations
Joint tortfeasors are NOT necessary.
If the party is necessary, must still assess PJ and if diversity will mess up diversity jurisdiction.
What if an Absentee can’t be jointed?
Court must either:
(1) Proceed without the party or
(2) Dismiss the case b/c the party is indispensable.
To make this decision look at these factors:
(a) Is there an alternative forum available?
(b) What is the actual likelihood of harm to the absentee party?
(c) Can the court shape relief to avoid that potential harm to the absentee?
What is an impleader and describe the process?
A defending party wants to bring in someone new (third-party defendant). [Example Another party who may indemnify D]
Right to implead within 14 days after serving answer (after that need court approval)
After being joined, P or the TBD can bring a claims that arises from the same T/O.
Check for SMJ and supplemental jurisdiction.
What is an intervention and the two types?
An absentee want to join a penidng suit and assert a claim as a P or to defend a claim. Must have SMJ
Two types:
Intervention of Right: Absentee’s interest may be harmed if she is not jointed and her interest is not adequately represented now.
Permissive intervention: A’s claim or defense and the pending case have at least one common question. Discretionary with court; OK unless delay or prejudice.
What is an interpleader?
A lawsuit which forces all potential claimants on a holding property into a single lawsuit.
Two types with different requirements:
“Rule” interpleader:
* Diversity - stakeholder must be diverse from every claimant.
- AIC - Must exceed $75K
- Service of process - Treated as regular lawsuit.
- Venue - Like a regular case
“Statutory” interpleader:
- Diversity - one claimant must be diverse from one other claimant
- AIC - $500 or more
- Service of process - Nationwide service (so no PJ problems over claimants in US
- Venue - district where any claimants reside.
What are the initial requirements to form a Class Action group?
Must demonstrate the following:
(a) Numerosity: Too many class members for practicable joinder;
(b) Commodity: There is some issue in common to all class members, so resolution of that issue will generates answers for everybody.
(c) Typicality: Rep’s claims/defense typical of those of that class; and
(d) Representative is adequate: Rep. will fairly and adequately represent class.
What are the three types of Class Action?
Type 1: “Prejudice - Class treatement necessary to avoid harm either to class members or to party opposing class (rare). [i.e. depleting a fund]
Type 2: Injunction or declaratory judgement (not damages) sought because class was treated alike by other party. (i.e. employment discrimination)
Type 3: “Damages” (Most likely)
(1) Common questions predominate over individual questions; AND
(2) Class action is the superior method to handle the dispute.
**Type 3 requires that each reasonably identifiable member be notified of the suit and all allowed to opt out. [doesn’t apply to others]
No right to opt out in Type 1 or Type 2. Judgment applies to all in class. Class can dismiss or settle only with court approval.
What about SMJ for a Class Action?
Class could invoke FQ. For diversity only Rep’s citizenship matters and rep’s claim must except 75k.
