Joinder of Claims

Question 1

How many claims can any claimant (P or counter-P) bring?

Answer 1

A particular claimant may bring any other claim that they want, regardless of whether the claims are related.

Question 2

Do counterclaims need to be related to P’s underlying claim?

Answer 2

No. E.g., P sues D for battery. D can counterclaim conversion.

Question 3

What is the compulsory counterclaim rule under the federal rules?

Answer 3

If the D has a counterclaim that arises form the same transaction or occurrence as the P’s OG claim, the D must bring that counterclaim.

Question 4

Does Virginia have a compulsory counterclaim rule? Explain, more than just yes or no

Answer 4

No. However, suing down the road may be a bad idea because of res judicata. D might have to live with the ruling in the initial case.

Question 5

Cross claims

Do cross claims need to be related?

Answer 5

Yes, they must be related to the same transaction or occurrence underlying ONE of the claims in the ORIGINAL action.

Question 6

Cross claims

Are cross claims in VA subject to a compulsory rule?

Answer 6

NO, they are always permissive just like counterclaims in VA.

Question 7

Cross claims

What type of claims are cross claims usually?

Answer 7

Contribution or indemnity

Question 8

Third-party claims (impleader)

What is impleader?

Answer 8

Where a claim brought by D (third-party plaintiff) against another party not yet in the lawsuit (also called the third-party D)

Differentiate from cross claims: both parties are already parties with cross claims

Question 9

Impleader

What must a third-party claim, claim?

Answer 9

That the third-party D (the new party) is responsible for all or part of the D’s (third-party P) liability.