Joinder Of Claims And Parties

Question 1

What rule governs joinder of additional claims

Answer 1

Rule 18

Question 2

Rule 18 requirements

Answer 2

A party may join as many claims as it has against a party so long as it has one viable claim. Need not be related, but must have subject matter jx

Question 3

What rule governs counter and cross claims

Answer 3

Rule 13

Question 4

Under Rule 13, claims are either

Answer 4

Compulsory or permissive

Question 5

A compulsory counterclaim is one

Answer 5

That arises out of the same transaction or occurrence. Failure to bring it waives the claim forever and always

Question 6

Cross claims are never [], but …

Answer 6

Compulsory
Arise from the same transaction or occurrence

Question 7

What Rule governs basic jointer of parties?

Answer 7

20

Question 8

Rule 20 allows jointer of parties

Answer 8

Where there is the same series of transactions AND same issue or question of law

Question 9

The standard under rule 20 is broader and more narrow because

Answer 9

It allows a series of transactions as opposed to one but also requires the same issues of law

Question 10

Impleader

Answer 10

Under Rule 14, the Defendant may join a non-party who is liable to it for all or part of the damages. Derivative liability

Question 11

Derivative liability

Answer 11

Non-party liable to defendant. Always under Rule 14

Question 12

While subject matter must be satisfied in impleader, it always will be because

Answer 12

The rule requires derivative liability, which necessitates it share a common nucleus of operative fact thus making supplemental jurisdiction available. As Defendant is acting as plaintiff, 1367(b) restrictions will not apply.

Question 13

If a plaintiff wishes to assert a claim against a third party defendant, it must

Answer 13

Independently satisfy SMJ, as supplemental will not be available

Question 14

Impleader will not be allowed where

Answer 14

Causes undue delay, complications, or prejudice

Question 15

Joinder of necessary parties is governed by

Answer 15

Rule 19

Question 16

What is a necessary party?

Answer 16

One that must be joined where feasible as complete relief cannot be accorded or their rights or interest would be impaired or impeded without them.

Question 17

Steps of a Rule 19 Analysis

Answer 17

1) is the party necessary (cannot accord relief, interest impaired, inconsistent obligations)
2) is it feasible to join (will it destroy Jx)
3) if not feasible, must the suit be dismissed

Question 18

Factors to consider when dismissing an action because a rule 19 party was not joined

Answer 18

1) extent of prejudice to parties
2) extent to which judgement can be crafted to avoid harm
3) Adequacy of judgement in their absence
4) remedy of the plaintiff if suit is dismissed

Question 19

What type of party joinder is governed by Rule 24?

Answer 19

Intervention, which is either as right or permissive

Question 20

Conferred by federal statute or claim an interest relating to the property or transaction, and disposing of action will impede interest

Answer 20

Intervention as right; court must allow

Question 21

Have a conditional right or has a claim or defense shared with main action of a common question of law or fact

Answer 21

Permissive intervention

Question 22

Intervention as of right may not be allowed if

Answer 22

The party is adequately represented in the action

Question 23

The factors of timeliness under Rule 24 are

Answer 23

1) time intervenor knew or should have known of interest prior to seeking leave; 2) extent of prejudice to existing party’s by intervenor’s failure to apply; 3) prejudice suffered if denied

Question 24

When someone holding property seeks to intervene in a suit to determine ownership, this is known as

Answer 24

Interpleader. Don’t confuse it with impleader