Joinder

Question 1

Joinder of multiple claims by one P against 1 D

Answer 1

Governed by Rule 18 which allows P to bring all claims in one lawsuit regardless of relatedness of claims

Question 2

is joinder of multiple claims by one P against 1 D permissive or required?

Answer 2

Permissive joinder such that P isn’t required to bring every claim, but if a given claim is related to a suit, there’s a high likelihood that the claim might be precluded in a later suit if P doesn’t bring it then.

Question 3

Permissive Counterclaims

Answer 3

Rule 13(a)

Applies where claims don’t arise out of the same transaction or occurence underlying I’s claims against D

D may file a permissive counter-claim, but is not required to do so

Question 4

Compulsory Counterclaims

Answer 4

Rule 13(b)

Applies where claim does arise out of same transaction or occurrence underlying P’s claim against D

D must file counterclaims or will otherwise forfeit them

Question 5

What are Cross-Claims

Answer 5

Cross-claims are governed by Rule 13(g) and apply when claims are filed by one party against their co-party (D(1) files against D(2))

Question 6

What are counter-claims

Answer 6

Counterclaims are governed by Rule 13(a) and (b) where P and D file claims against each other

Question 7

When are cross-claims allowed to be filed

Answer 7

Crossclaims are only allowed if they arise from the same transaction or occurance underlying on of P’s claims

Question 8

Can unrelated cross-claims every be filed between multiple Ds?

Answer 8

Yes, if a related cross-claim is filed as an “anchor claim,” unrelated cross-claims may then be filed.

Question 9

Can Co-Ds counter-claim cross-claims?

Answer 9

Yes, with the same compulsory/permissiveness rules as P/D counter-claims regarding related and unrelated counter-claims

Question 10

What are impleader Claims

Answer 10

Rule 14 governs impleader claims in which D brings in a third party not yet party to the lawsuit

Question 11

Requirements for impleader

Answer 11

D must allege third party is responsible for some or all of liability (typically contribution claim against a joint tortfeasor, or indemnity claim against an insurer)

Question 12

When is D allowed to bring an impleader claim?

Answer 12

D has a right to implead if within the 14 days of serving an answer, otherwise D needs permission from court

Question 13

What is relationship between impleaded party and P and D

Answer 13

After being impleaded, 3rd person made party may bring their own claims against the other parties and implead fourth parties.

Question 14

Can an original P file a claim against an impleaded third party

Answer 14

Yes, a P can file a claim against a third party that’s an impleaded D if the claim relates to one of P’s original claims

Question 15

What is Permissive Joinder

Answer 15

Under Rule 20 multiple Ps can join 1 suit or multiple P’s can be sued in one suit so long as
1. joined parties claim relief or face liability that arises out of the same transaction or occurence
2. There will arise questions of law or fact common to the joined parties

Question 16

When is mandatory joinder applicable

Answer 16

Mandatory joinder under Rule 19 will force parties to add party to lawsuit when
1. the absent party is necessary
2. the absent party can be joined

Question 17

Will joinder be mandatory if a party is not necessary

Answer 17

No, no mandatory joinder of an unnecessary party

Question 18

When is a party considered necessary for purposes of joinder?

Answer 18

A party is necessary if:
1. they have an interest that might be impaired if they’re left out
2. complete relief can’t be issued in the the party’s absence
3. if current parties would be subject to inconsistent or duplicative liability without the joinder

Question 19

What determines whether or not a party can be joined for mandatory joinder

Answer 19

A missing party can’t be joined in federal court if the court lacks personal jurisdiction over missing party, or if adding the party would destroy subject matter jurisdiction by destroying diversity

Question 20

When is a party deemed indispensable

Answer 20

When deciding if a party is indispensable a court will consider
1. extent of prejudice to missing party
2. whether prejudice can be lessened by shaping relief in a certain way in that party’s absence
3. if case is dismissed, whether P can find relief in another forum

Question 21

When can the court adjudicate a case in the absence of a missing and necessary party?

Answer 21

If the party is not indispensable, a court can continue litigation even in a necessary party’s absence

Question 22

What is the result if a missing necessary party is indispensable to a case?

Answer 22

The court must dismiss the suit

Question 23

When can a person litigate on behalf of a class?

Answer 23

One person may act as representative and litigate on behalf of a class if:
1. a class can be formed
2. the action brought is proper for resolution via class action

Question 24

What are requirements for class formation?

Answer 24

1. Numerosity: there must be so many claimants that joinder is impractical
2. Commonality: questions of law or fact common to class
3. Typicality: claims are typical of class members ensuring the representative will have an incentive to litigate in ways to protect the class
4. representativeness: parties will fairly and adequately protect the interests of the class

Question 25

When is it proper for resolution by class action?

Answer 25

Proper for resolution via class action if: 1. Separate actions would create risk of inconsistent judgements or judgements from separate actions would impair nonparties from protecting their interests 2. opposing party has acted in ways generally applicable to the class 3. court finds that common questions of law or fact predominate over individualized questions and that a class action is the superior way compared to other methods for a fair and efficient result

Question 26

Over whom must court have personal jurisdiction in a class action suit?

Answer 26

Court must have personal jurisdiction over every D, but only the named P

Question 27

How does class action judgement bind class members?

Answer 27

Class action judgement binds all class members unless the members opt out

Question 28

When do federal courts have SMJ in class action suits under diversity jurisdiction?

Answer 28

If alleging a state law violation, class can appear in federal court if Ds and representative Ps are completely diverse -for class action suits with more than 100 members where damages being sought are over $5M, diversity is satisfied if any single member P is diverse from any D

Question 29

When are interpleader claims used

Answer 29

Under Rule 22 interpleader claims are used when a party fears it will face multiple or inconsistent liability -common in circumstances where insurance proceeds are at issue between two parties)

Question 30

What is intervention?

Answer 30

Under Rule 24, intervention involves a non-party that is interested in the litigation, but has not been joined

Question 31

When must party be granted intervention as a matter of right

Answer 31

Intervention of right must be granted to a party upon that party's timely application when the party 1. claims an interest relating to the subject matter of the action 2. without intervention, there is a risk that the party might not be able to protect their interest

Question 32

When will permissive intervention be granted?

Answer 32

Upon timely application and at court's discretion, a third-party may intervene with a claim or defense that shares with the main action a question of law or fact