Joinder of Parties and Claims Flashcards
(36 cards)
When is a party allowed to join as a plaintiff?
When their claim arises from the same T/O and they raise at least one common question. But - must have SMJD.
When is a party allowed to join as a defendant?
When their claim arises from the same T/O and they raise at least one common question. But - must have SMJD.
When is an absentee party a necessary party?
If one of the following is met:
- P can’t get complete relief without A,
- A’s own interests could be harmed if he’s not joined,
- without A, D might be subject to multiple obligations
Is a joint tortfeasor ever a necessary party?
No because P can get full satisfaction due to joint and severable liability, and D can seek contribution or indemnification.
When is it not possible to join a necessary party?
- When there is no PJ over A, or
2. When joining A would mess up diversity of citizenship in a case that is in federal court on diversity.
If a necessary party cannot be joined, what are the court’s options?
A. Dismiss the case, or
B. Carry on without A.
If the court dismisses a case because A cannot be joined, what is A called?
An indispensable party.
What does the court consider in deciding whether to dismiss a case or allow it to carry on without a necessary party?
- Whether there’s an alternative forum where the case could properly join all the necessary parties,
- What the real likelihood of harm is to anyone if the case proceeds without A,
- Whether the court can do something to shape it’s order that would avoid the harm to the party.
What are the four types of claims a defendant can bring?
- counterclaim
- crossclaim
- impleader
- intervention
What is a compulsory counterclaim?
A claim against an opposing party that arises from the same T/O as the plaintiff’s claim.
If D’s motion to dismiss is granted, can he file a compulsory counterclaim he did not file in the original action?
No - a motion to dismiss is not a pleading - because he didn’t have to answer, he wasn’t required to bring the counterclaim.
What is a permissive counterclaims?
A claim against an opposing party that can be brought in the pending action but could also be brought later in a separate action. It’s permissive if it does not arise from the same T/O as the underlying claim.
What is a crossclaim?
A claim against a co-party. Only claims arising from the same T/O as the underlying claim are permitted as crossclaims.
When is a crossclaim compulsory?
Never - crossclaims are never compulsory.
What is impleader?
when D joins a third party as a TPD, because the TPD might be liable to D for P’s claims against D.
How many days after serving the answer does D have to implead a TPD?
14 days, and after that - he must get the court’s permission.
What is the procedure for impleader?
Serve process on TPD just like a defendant (court still needs PJ over the TPD).
Once a TPD is joined, what are P’s and TPD’s rights against each other?
P can directly sue TPD if the claim arises from the same T/O as the underlying case.
TPD can sue P if the claim arises from the same T/O as the underlying case.
What is intervention?
An absentee party who wants to join the suit can if the claim arises from the same T/O as the underlying claim and he has one common question.
What is the time limitation on intervention?
The intervener must do so “timely.”
When does A have a right to intervene?
If A’s interests may be harmed if she does not join, and A is not already adequately represented in the case.
When may A intervene?
If A’s claim/defense and the pending case have at least one common question and arise from the same T/O. But - this is completely discretionary.
What is interpleader?
In a multiparty joinder situation, where a stakeholder has property or money and wants to force all potential claimants to bring suit in one action. This is allowed when D is seeking to avoid multiple suits and there is a threat of inconsistent results.
What are the two types of interpleader available?
Rule and Statutory
