Complex Cases

Question 1

Who may be joined in an action as co-parties?

Answer 1

If their claims:

• arise from the same transaction or occurrence; AND
• raise at least one common question

NOTE: this test applies both to co-plaintiffs** and **co-defendants

Question 2

When is a party a necessary party?

Answer 2

With the party, the court cannot accord complete relief among the existing parties; OR

The missing party’s interest may be harmed if he is not joined; OR

A missing party claims an interest** which may subject the defendant party to **multiple obligations

Question 3

What are the factors to determining whether the court should dismiss the claim if it cannot join the missing party (absentee = indispensable)?

Answer 3

Is there an alternative forum available?

What is actual likelihood of harm to the missing party?

Can the court shape relief to avoid the potential harm to the missing party?

Question 4

When is impleader appropriate?

Answer 4

Cases involving:

• indemnity; or
• contribution

Question 5

What are the procedural steps for impleading a third party?

Answer 5

File a third-party complaint naming the third party as a third party defendant; and

Serve process on the third party defendant

NOTE: SMJ and PJ must apply with the underlying case.

Question 6

How may a third party join a lawsuit to which she has not been joined in?

Answer 6

Via intervention, as long as it is timely.

Intervention of right:

• the absentee’s interest may be harmed if she is not joined; and
• her interest is not adequately represented

Permissive intervention:

• Absentee’s claim or defense and the pending case have at least one common question
• within the sound discretion of the court

Question 7

What are the requirements for a class action?

Answer 7

Numerosity

• too many class members for practicable joinder

Commonality

• some issue in common to all class members

Typicality

• the representative’s claims and defenses are typical of those of the class

Adequacy

• the representative will fairly and adequately represent the class

And then one of these three:

• Prejudice–class treatment is necessary to avoid harm either to the class members or to the party opposing the class
• An injunction or declaratory judgment is sought b/c the class was treated alike by the other party
• Damages–1) common questions predominate over individual questions; and 2) class action is the superior method to handle the dispute

NOTE: class counsel must fairly and adequately represent the interests of the class

NOTE: in “Damages” class actions, the court must notify to reasonably identifiable class members of the class action, notifying them that:

• they can opt out;
• they’ll be bound if they don’t;
• and they can enter a separate appearance through counsel

Question 8

Who is bound by a class judgment?

Answer 8

All class members except those who opt out of a Type 3 class action

Question 9

Can the parties dismiss or settle a certified class action?

Answer 9

Only with court approval

• the court must give notice to class members to get their feedback on whether the case should be settled or dismissed