Joinder

Question 1

What is compulsory joinder?

Answer 1

A plaintiff must join an absent party or face dismissal of the lawsuit if certain conditions are met

Conditions include personal jurisdiction over the absentee and the absentee’s interest in the action

Question 2

What are the three conditions for compulsory joinder?

Answer 2

1. The court has personal jurisdiction over the absentee
2. The absentee’s presence does not destroy subject matter jurisdiction or venue
3. Either:
   * complete relief cannot be accorded without the absentee; OR
   * the absentee has an interest that may impede their ability to protect it

Question 3

What are the two conditions for permissive joinder?

Answer 3

1. Some claim is made by each plaintiff against each defendant arising from the same transactions or occurrences; AND
2. There is a common question of fact or law among all parties

Question 4

What is interpleader?

Answer 4

A procedure that allows a plaintiff or defendant to compel two or more other parties to litigate a dispute

It helps to resolve multiple claims against a single party

Question 5

How can a plaintiff initiate interpleader?

Answer 5

By joining persons with claims that may expose them to double or multiple liability as defendants

This is done even if claims lack a common origin

Question 6

How can a defendant seek interpleader?

Answer 6

Through a cross-claim or counterclaim

This allows a defendant to protect against similar liabilities

Question 7

What is intervention in legal terms?

Answer 7

The process that permits a nonparty to intervene in an action

It can be granted as of right or permissively

Question 8

What are the conditions for intervention as of right?

Answer 8

Intervention is available as of right when…
1. the applicant claims an interest in the property or transaction that is the subject matter of the action, AND
2. the disposition of the action without him may impair his ability to protect that interest.

Question 9

What is permissive intervention?

Answer 9

Intervention is permissive when the applicant’s claim or defense and the main action have a question of law or fact in common.

Permissive intervention must be supported by its own jurisdictional grounds and is discretionary with the court.

Question 10

What is a class action?

Answer 10

A type of suit where a group of people is represented collectively by one or more members of that group

Named parties act on behalf of absent class members

Question 11

What are the four requirements for a class action to be proper?

Answer 11

• The class is so numerous that joinder of all members is impracticable
• There are common questions of law or fact
• Named parties’ interests are typical of the class; AND
• Named parties will adequately represent the interests of absent members

Question 12

What conditions must be met for class certification?

Answer 12

• Separate actions would create a risk of inconsistent results
• The defendant has acted on grounds applicable to the class
• Common questions predominate over individual issues and a class action is superior

Question 13

Joinder for interpleader is proper even though:

Answer 13

• The claims of the several claimants, or the titles on which their claims depend, lack a common origin or are adverse and independent rather than identical; OR
• The plaintiff denies liability in whole or in part to any or all of the claimants.

Question 14

if D’s counterclaim arises from same transaction or occurence as P’s claim:

claim joinder

Answer 14

it is compulsory and forfeited if not raised

remember separate SMJ analysis!

Question 15

crossclaim:

Answer 15

must arise from same transaction or occurence

(unless joined as an additional claim under permissive claim joinder)

Question 16

joinder analysis

Answer 16

1. does FRCP allow joinder?
2. does court have PJ?
3. SMJ?
4. Proper Venue?

Question 17

counterclaim:

Answer 17

if D’s claim arises from STO: claim is compulsory and forfeited if not raised

if not: may still be joined as permissive counterclaim (even if totally unrelated)

dont forget separate SMJ etc. analysis

Question 18

in what context is impleader permitted?

Answer 18

only for derivative liability (e.g. D v. insurer, supplier, agent etc.)

never appropriate when D simply wishes to deny liability

Question 19

permissive claim joinder

Answer 19

once a party has properly raised a claim, crossclaim, counterclaim or impleader claim against another it is now free to join all additional claims regardless of relation to original claim

all additional claims may be raised at same time or not