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FRCP > Joinder 2: Class Actions, Interplead/Intervention > Flashcards

Joinder 2: Class Actions, Interplead/Intervention Flashcards

1
Q

Rule 22 is about

A

interpleaders

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2
Q

22(a)(1)

A

Persons with claims that may expose a P to double or multiple liability may be joined as Ds and be required to interplead

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3
Q

22(a)(2)

A

A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim

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4
Q

Interpleading applies when

A

exposure to multiple liability AND/OR incompatible court orders

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5
Q

Interpleader is used to figure out ___

A

who has the superior claim to sue someone

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6
Q

Interpleader allows a P or D to initiate a lawsuit to –

A

compel other parties to litigate a dispute , have property that is another’s but don’t know to whom it should be transferred

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7
Q

Interpleader often applies to resolve disputes under __

A

insurance contracts

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8
Q

Stakeholder in interpleader is

A

when normally D becomes P

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9
Q

Stake is the ___

A

subject of claims between adverse claimants who would normally be Ps

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10
Q

For interpleaders, the adverse claimants must be ..

A

demanding the same thing

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11
Q

Example of interpleader: life insurance policy and dispute among proper beneficiaries

A

to resolve dispute, insurance company files interpleader, they are stakeholder, adverse claimants are people who might be beneficiaries

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12
Q

Rule 24 is about

A

intervention

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13
Q

24(a) is about

A

Intervention as of Right

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14
Q

24(a)

A

Court must permit anyone to intervene who is given the unconditional right by federal statute or interest relating to subject of the action so that disposing of it may impair or impede the movant’s ability to protect its interest unless existing parties adequately represent that interest

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15
Q

24(b) is about

A

permissive intervention

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16
Q

24(b)

A

court may permit anyone to intervene who is given a conditional right by fed statute or has a claim or defense that shares aquestion of law or fact with the main action

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17
Q

Permissive intervention is up to __

A

judicial discretion

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18
Q

24(b)(3)

A

delay or prejudice. Court must consider whether intervention will unduly delay ore prejudice adjudication of original parties’ rights

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19
Q

Courts normally permit parties to be ___ intervenor

A

“silent”

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20
Q

NIPSCO is about

A

intervention criteria, atypical R24 outcome

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21
Q

NIPSCO rule

A

To intervene as a right, must show timely application, direct signifcantly protectable interest, disposition may impede ability to protect that interest and interest not adequately represented by existing parties

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22
Q

NIPSCO facts

A

Save Dune council filed to intervene saying stake in protecting and preserving the land for public use

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23
Q

NIPSCO holding

A

reject motion to intervene because no significant legally protectable interest so not required to permit

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24
Q

NIPSCO reasoning 1

A

Council doesn’t have claim to land, interest not term of art but defining it here

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25
NIPSCO reasoning 2
permissive denied to avoid undue delay to OG parties (untimely because no automatic right but 4 years too long for permissive)
26
In class actions, individual class members lose..
control over their own claims in exchange for the benefits of collective action
27
Benefits of class actions
ability to bring suits inefficient in individual litigation or injunctions with large scale releif
28
Difference between other joinder and class actions
most P class members are absent from the litigation
29
Rule about class actions
23
30
23(a) is about
prerequisities for class actions (numerosity, commonality, typicality, adequacy)
31
23(a)(1)
class so numerous that joinder of all members is impracticable (numerosity)
32
23(a)(2)
questions of law or fact common to the class (commonality)
33
23(a)(3)
claims of the representative parties typical of the claims of the class (typicality)
34
23(a)(4)
representative parties will adequately protect the interests of the class (adequacy)
35
23(b) is about
types of class actions
36
23(b)(1)
limited fund for recovery
37
23(b)(2)
injunctive/equitable relief, no opt our so no notice, class constantly changing but okay because about the system
38
23(b)(3)
money damages
39
23(c)
Class action can be maintained with respect to particular issues or divided into subclasses when appropriate
40
To certify a class action, you must meet ..
all requirements under 23(a) and requirements for one category under (b)
41
A 23(b)(2) class is typically
civil rights or systemic injunctive relief case
42
23(b)(2) class ____ notice to all members
does not require
43
For 23(b)(2) final injunctive relief msut be __
appropriate to class as a whole
44
For 23(b)(3) class, members have the option ___
to opt out, non-mandatory
45
For 23(b)(3) class, members must show ___
predominance (issues common to the class predominate over the individual issues) and superiority (superior method for adjudicating)
46
Factor 1 to consider in b3 class
class member interest in litigating individually
47
Factor 2 to consider in b3 class
extent and nature of litigation by class members already going on
48
Factor 3 to consider in b3 class
desirability of concentrating litigation in the particular forum
49
Factor 4 to consider in b3 class
likely difficulties of managing the class action
50
Justifications for Class Action
global peace, consistency, individual rights, deterrence, efficiency
51
Plaintiff benefits of class actions
can bring where remedy not enough for individual litigation, ability to reform institutions with injunctive releif
52
Plaintiff cons of class action
lose control over claims, b3 can bind absent parties so raises due process concerns
53
Defendants pros of class action
settle all claims at once, finality/Global Peace precluding all future litigation
54
Defendant cons class action
Ds significant pressure to settle regardless of merits because of the cost
55
Hansberry is about
class members cannot bind parties with opposing interests
56
Hansberry rule
Due process requires absent members only bound if interests adequately represented in prior action
57
Hansberry reasoning 1
P is successor of covenant but conflict of interest that is objective and mutually exclusive
58
In general res judicata covers __
erroneous as well as correct decisions because must be an end of litigation
59
Hansberry 2
due process puts some boundaries on procedure, always in the background
60
Hansberry 3
adequacy is a constitutional requirement
61
Hansberry 4
collateral attack allowed to question validity of class certification
62
Hansberry 5
R23 deals with this by making class certification part of OG suit
63
Hansberry 6
trial court decision not binding unless same parties
64
Dukes is about
commonality issue for proposed 23(b)(2) class
65
Dukes rule 1
23(a)(2) commonality means same injury not just violation of same law. Claims must depend on common contention that may be resolved across the entire class
66
Dukes rule 2
23(b)(2)- claims for monetary relief (like backpay) may not be certified under this provision if monetary relief not incidental to injunctive or declaratory relief, otherwise must be b3
67
Dukes reason 1
Not just common Q but capacity to generate common answers (applies to all class actions regardless of type)
68
Dukes reason 2
Walmart had explicit anti-discrimination policy and managers had discretion over pay and promotions, impossible to believe all would use same way
69
Dukes reason 3
B2 only for injunctions because binds all class members
70
Ginsburg Dukes dissent
Court using 23(b) concerns to decide if could be certified under (a), delegation of discretion to managers uniform policy and actionable if discriminatory outcomes
71
Other way if can't certify class
MDL, no real commonality requirement
72
What if Walmart was B3 class
giving notice where begging Q becomes issue, can say all women workers between these dates can't say all discriminated against, opt in class may satisfy commonality, all women who filed with HR a complaint may satisfy but same answer?
73
23(f)
interlocutory appeal, can appeal certification prior to final judgment
74
Why interlocutory appeal allowed for class action
certification decision determines case outcome
75
23(e)
any settlement must be approved by court as fair, reasonable and adequate
76
policy behind 23(e)
protects class against lawyers from colluding with Ds
77
23(g)
lawyer representing the class must show they can do so adequately (making decisions for whole class)
78
23(h)
lawyer must make motion for fees, court determines what would be fair
79
policy behind 23(h)
counsel may take advantage of class if could set own fees
80
Types of fees for class actions
percentage, lodestar basis
81
Under CAFA, to remove to federal court, ____
complete diversity replaced by minimal diversity
82
For CAFA, the amount in controversy for entire class must be __
at least 5 million

FRCP (18 decks)

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