Joinder Flashcards
Basic Joinder Rules?
1) Joinder must be allowed by federal rules
2) There must be SMJ over the case
CLAIM JOINDER BY PLAINTIFF?
P sues D for (1) breach of contract, (2) an unrelated tort,
(3) an unrelated violation of consumer protection statutes, and (4) for cheating at poker. This is OK.
Three people are injured when the taxi in which they
are riding crashes. May they sue together as co-plaintiffs?
yes bc they arise from the same transaction/occurrence (T/O) and
raise at least 1 common question
What are the basic rules to join any party?
claims against the two (1) arise from the same T/O and
(2) raise at least one common question
What are necessary and indispensable parties?
a) Without A, the court cannot accord complete
relief among existing parties (worried about multiple
suits); OR
b. A’s interest may be harmed if he is not joined
(practical harm); OR
c. A claims an interest that subjects a party (usually
D) to a risk of multiple obligations.
Can the absentee be joined?
If you have been established as a necessary party, now we see whether the joinder is feasible?
- A joinder would be feasible
1) If there is PJ over you
2) There will be federal SMJ over the claim by or against the absentee
What if the absentee cannot be joined?
Proceed without the absentee
Dismiss the whole case
What are the factors that the courts consider before determining whether the absentee cannot join?
1) Is there an alternative forum available?
2) What is the actual harm to you?
3) Can the court shape the relief in a manner that would avoid the harm to you?
If your case is still dismissed after these considerations then you are an indispensable party.
What is a compulsory counterclaim?
Compulsory counterclaim means that you have to assert your claim, if you do not assert your claim you loose your right to file a counterclaim.
How many days you should reply within, when it comes to compulsory counterclaim?
Under Rule 12, reply within 21 days.
- You have to file the compulsory counterclaim, otherwise you will waive the right.
Permissive Counterclaim, wat does it mean?
Counterclaims that does not arise from the same transaction are never compulsory and may be asserted in a different manner.
The rule is to always check whether there is subject mater jurisdiction over the counterclaim.
What is a Cross claim?
Generally a plaintiff or a defendant would make a claim against a co-party. This must arise from the same transaction or occurrence as the underlying claim.
Suppose there is A he sues B and now B wants to sue C, he can file a cross claim. For a cross claim to be succesful always check whether there is subject matter jurisdiction. When we check for subject matter jurisdiction, we would later analyse if there if the case is brought by the plaintiff or the defendant, if the case is brought by the plaintiff then apply the limitation on the diversity jurisdiction when it comes to SMJ.
What is a third party defendant? or an Impleader
These are essentially insurance companies, here the defendant sues a third party for he full claim or asks for a contribution.
2) The impleader case might be permissive which means that the D can file it in a completely separate case.
What is the process of bringing in a third party defendant?
The process of bringing in the third party defendant is
1) Serve the defendant
2) The defedant has 14 days to make sue that the TPD joins
Can the TPD and the plaintiff, assert claims against each other?
The answer is Yes, once the TPD is joined they may assert claims against each other. If the casein under the same transaction or occurrence.
