Claim and Party Joinder

Question 1

What must joinder parties also satisfy?

Answer 1

personal jurisdiction, venue, and subject matter jurisdiction

Question 2

compulsory claims

Answer 2

are transactionally related; they must be joined, and if not joined are precluded by merger or bar

Question 3

Plaintiffs compulsory claims

Answer 3

P may bring one or more causes of action against defendant but must put the entire claim before the court

Question 4

Defendants compulsory counterclaims

Answer 4

D must raise counterclaims arising from the same transaction or occurrence. Exceptions are not ripe at time of lawsuit and requiring an additional necessary party over who the court lacks smj or pj or part of another pending action

Question 5

Permissive claims

Answer 5

unrelated, and may be joined or sued upon separately

Question 6

Unrelated claims are under which federal rule

Answer 6

FRCP 18

Question 7

FRCP 18

Answer 7

Unrelated claims
- Any party asserting an original claim, counterclaim, crossclaim, or third party claim may join
- In two party lawsuits, p may aggregate unrelated claims against the single defendant to achieve the jurisdictional dollar amount

Question 8

Permissive counterclaims

Answer 8

Any unrelated claim that D may have against P

Question 9

Crossclaims FRCP

Answer 9

FRCP 13(g)

Question 10

Include any claim that D may have against P

Answer 10

(1) relatedness requirement and (2) all crossclaims are permissive

Question 11

Relatedness requirement

Answer 11

under crossclaims FRCP 13(g) - the crossclaim must arise out of the occurrence or transaction in P’s claim

Question 12

All crossclaims are permissive

Answer 12

under crossclaims FRCP 13(g) - even thought the initial crossclaim must be related to P’s claim

Question 13

FRCP 15

Answer 13

Doctrine of Relation Back for adding stale claims against existing parties

Question 14

Is there relation back for permissive claims?

Answer 14

No

Question 15

Plaintiff’s compulsory claims under doctrine of relation back

Answer 15

Plaintiffs may amend complaints to add stale but related claims if the original claim was filed within the period satisfactory for the amended claim, and if the requirements of FRCP 15 are met.

Question 16

Defendant compulsory claims

Answer 16

FRCP 15 does not mention defendants counterclaims

Question 17

Defendant Permissive claims

Answer 17

no law on relation back

Question 18

General provisions for party joinder

Answer 18

• Real party interest–FRCP 17(a)–requires the claim to be prosecuted by the “real party interest”, but makes exceptions for certain fiduciaries such as executors, administrators, guardians, trustees etc.
• Capacity–FRCP 17(b) and ©– makes choice of law provisions for determining a party’s capacity to sue or be sued

Question 19

Devices in Joinder

Answer 19

required parties FRCP 19

Question 20

Rule 19(a)

Answer 20

(1) Whether existing parties can receive complete relief in that person’s absence or
(2) The absent person has an interest in the lawsuit which (a) will be impaired in that person’s absence or (b) expose existing parties to a substantial risk of increased liability or inconsistent obligations
> if any of these possibilities exist, the absent person must be joined either voluntarily or involuntarily, and as either a P or D. If the nonparty cannot be joined because of problems with PJ, SMJ, or venue, the court must consider Rule 19(b) whether the action may proceed or be dismissed.

Question 21

19(b) four factor balancing test

Answer 21

When joinder is not feasible
1. Prejudice to the absent person or existing parties
2. The possibility of lessening or avoiding that prejudice
3. Adequacy of the judgment without the unjoinable person
4. Adequacy of plaintiff’s remedy if the action is dismissed

Question 22

Permissive Party Joinder

Answer 22

(i) the right to relief arises out of same transaction, occurrence or series of transactions/occurrences and
(ii) a question of law or fact common to all parties

Question 23

Impleader

Answer 23

FRCP 14 is used by D (or P defending a counterclaim) to bring indemnity or contribution claims against new parties. The third party defendant must be a nonparty. A third party must file claims.

Question 24

Interpleader

Answer 24

a procedure in which a stakeholder may join all parties who have adverse and inconsistent claims against the stake, fund, or property. To be inconsistent, the total claim value must exceed the stake.

Question 25

Rule interpleader

Answer 25

FRCP 22 is merely a procedural rule for party joinder and is subject to traditional rules or PJ, SMJm and venue. In diversity cases the test is (1) complete diversity between the stakeholder and the adverse claimants and a stake of exceeding $75,000

Question 26

Statutory interpleader

Answer 26

28 USC 1335 is a special jurisdictional statute based on minimal diversity. In diversity cases the test is (1) minimal diversity between the adverse claimants with the stakeholder’s citizenship irrelevant and (2) a stake of exceeding $75,000

Question 27

The interpleader statute authorizes

Answer 27

PJ: based on minimum contacts with the US as a whole Venue: in any district where one or more claimants resides Injunctions barring claimants from instituting or prosecuting other suits against the stake but not filing related suits that do not implicate the stake

Question 28

Class action

Answer 28

FRCP 23 is means of joining the claims of a high number of plaintiffs against a high number of defendants. Parties seeking to form a class must first file the lawsuit and then file a motion for class certification.

Question 29

Prerequisites of class actions

Answer 29

numerosity – the class must be so numerous that individual joinder is impractical commonality –the claims of all class member share a common question of law or fact e typicality –the named representatives must have claims typical of the class Adequate representation–both the named representatives and the attorney must be capable of adequately representing the class

Question 30

Categories of class actions

Answer 30

1. Risk of inconsistent individual adjudications: resulting in incompatible standards or producing precedent dispositive of non-litigants 2. Injunction or declaratory relief applying to the whole class 3. Common questions of law or fact predominate and class relief is superior to other available methods

Question 31

Party joinder devices similar to class actions

Answer 31

a. Shareholders Derivative Action–FRCP 23.1: allows single shareholder to bring action on behalf of other shareholders b. Unincorporated Associations–FRCP 23.2: allows representative actions by association members only if the named representatives will fairly and adequately protect the interest of the associate and its members

Question 32

Intervention

Answer 32

allows outsiders to join lawsuits as plaintiffs or defendants (i) intervention by right - By federal statute granting absolute right to intervene or - Intervenor has (1) a related interest and (2) that interest will likely be impaired in intervenors absence (ii) - By federal statute granting conditional right to intervene or - Intervenor has (1) related interest which (2) involves a common question of law or fact

Question 33

Doctrine of Relation back for adding new parties after the statute of limitations has run

Answer 33

FRCP 15(c)(3) - Claim against the new party relates to the facts of the original claim - The new party had knowledge of the claim such that it will not be prejudiced by joinder at this later time - The new party knew or should have known that but for the mistake in identity of the proper party, that it would have been a party - Elements (2) and (3)--knowledge of the claim and knowledge of the mistake–occurred within 120 days of the issuance of the original summons that was served on the wrong party, or such extended time as the court may allow