Impleader
When adding a third-party defendant to the case (as for indemnity or contribution)
TPD can even assert claim against P, and vice-versa, as long as from same T/O.
Interpleader
When someone holds money or property and multiple claimants to it. Avoids multiple litigation.
Class Action
Requires: 1. Numerosity (class is so numerous that joinder is inpractical)
- Commonality (questions of law or fact common to the parties)
- Typicality (claims are typical to other member’s of class)
- Adequate representation (class representative will adequately protect interests of class)
Can aggregate claims of all P’s to meet amount in controversy.
Class Action opt-out
FL Rule: Required to give option in any class action for members to opt-out.
Default and Default Judgment
Party who claim filed fails to plead or otherwise defend action in time allowed (generally 20 days)
Default - Entered by court clerk if D filed no papers
Default judgment: Entered by Judge (if D filed something, he gets notice)
To set aside default before judgment, and after judgment.
Must show:
- Good cause (excusable neglect)
- Meritorious defense
- Due diligence after learning of default
