Actions Flashcards
Cumulation of Actions
1P v. 1D
Plaintiff may cumulate against the same defendant two or mrore actions even though bases on different grounds if:
- Within the court’s jurisidiction, AND
- Brought in the proper venue
2P v. 2D
Two ore more parties may be joined in the same suit as plaintiffs or defendants if:
- There is community of interest b/t the parties joined
- Each cumulated action is w/in the ct’s jx & brought in the proper venue
- All cumulated actions are mutually consistent & employ the same form of procedure
Lis Pendens
When the same lawsuit has been filed and is pending in two or more courts :
- All but the suit filed first must be dismissed, OR
- If a defendant does not file an exception, the plaintiff may continue suits but first final judgment rendered shall be conclusive of all.
If a suit is brought in LA state court while another is pending in another state or in federal court:
- The court may stay the second suit until the first has been discontinued or reached a final judgment.
Abandonment
If at any stage of a proceeding, and 3 YEARS passes without either party taking any steps in its prosecution or defense, the suit is deemed abandoned and will be dismissed.
Class Actions
The prerequisites to maintaining a suita s a class action are:
- Numerosity
- Commonality
- Typicality - Typical Claims or Defenses
- Fair & Adequate Representation (Protection of Interest)
- Objectively, Ascertainable Criteria to Define Class (objectively defined class)
IN ADDITION to all of the above, a class action may be maintained if any of the following are satisfied:
- Separate Actions Would Create Risk (Union members Scenario)
- Party Opposing Class
- *Predominating Common Questions of Law & Fact
Derivative Actions
A proper petition in a derivative action must include:
- Proper Party Allegation
- Allegations with Particularity
- Joining of the Corporation or Association Proper
- Prayer
