Multiparty Litigation Flashcards
Proper Defendants and Plaintiffs
Other plaintiffs or defendants can be brought into a case when:
1) the claims arise from the same T/O AND
2) raise at least one common question
BUT make sure to asses whether there is SMJ
Necessary and Indispensable Parties
The case has been filed but the court could force some nonparty (absentee) to join in the case if the nonparty is necessary. Three steps:
1) Who’s necessary?
2) Can A be joined?
3) If A cannot be joined . . .
Who is necessary?
An absentee who meets ANY of these tests:
1) Without A, the court cannot accord complete relief among existing parties; OR
2) A’s interest may be harmed if he is not joined; OR
3) A claims an interest that subjects a party (usually D) to a risk of multiple obligators
Test number 2 is the most likely on the exam
Can A be joined?
After coming to the conclusion that A is necessary, must see if the joinder is “feasible:”
1) there is PJ over A, AND
2) joining A will not goof up diversity jdx.
If the joinder is feasible, the court orders the joinder.
If A cannot be joined
The court must do one of two things:
1) proceed without A, OR
2) Dismiss the entire case
Court looks to these factors to make the decision:
1) is there an alternative forum available? (maybe state court)
2) what is the actual likelihood of harm to A?
3) can the court shape relief to avoid that harm to A?
If the court decides to dismiss rather than to proceed without A, that means A is indispensable
Impleader (third party practice)
Defendant is bringing in someone new to the case. The new party is the third-party defendant.
1) Never compulsory
2) D can only do this to shift the liability that he owes to P. Usually for indemnity
Steps for Impleading the Third Party Defendant
1) D files a third-party complaint naming the TPD; AND
2) Serve process on the TPD (so must have PJ over TPD)
Must implead within 14 days of serving your answer. If after that, you need court permission.
Each claim must be assessed separately for SMJ
Intervention
Here, the non-party brings herself into the case. Chooses to come in either as P (to assert a claim) or as D (to defend a claim). Court may realign her if it thinks she came in on the wrong side.
Two types of Intervention
1) Intervention of Right: Party’s interest may be harmed if she is not joined and is not adequately represented now (same test for necessary parties)
2) Permissive intervention: party’s claim or defense and the pending case have at least one common question. Discretionary with the court. Usually ok unless intervention will cause delay or prejudice to someone.
REMEMBER, SMJ
Class Action
Representative sue on behalf of the group. Initial requirements:
1) Numerosity: too many class members for practicable joinder. But, not magic number.
2) Commonality: there is some issue in common to all class members, so resolution of that issue will generate answers for everybody in one stroke.
3) Typicality: Rep’s claims are typical of those of the class; AND
4) Representative adequate: the class rep will fairly and adequately represent the class
Three Types of Class Action
Must fit the class action within one of three types:
1) Prejudice: class treatment necessary to avoid harm (prejudice) either to class members or to the non-class party (this is rare); OR
2) Class seeks an injunction or declaratory judgment because D treated the class alike (employment discrimination), BUT Type 2 cannot seek damages only injunction or declaratory relief; OR
3) Damages: common questions predominate over individual questions AND class action is the superior method to handle the dispute (mass tort). In this type, the court must notify class members that they are in a class. This means individual notice to all reasonably identifiable members.
A case is not a class action until . . .
the court certifies the class. Court does this by defining the class and the class claims, issues, or defenses. Court must also appoint class counsel. Class counsel must fairly and adequately represent the interests of the class.
Can the parties settle or dismiss a certified class action?
Only with court approval
Class Actions and Subject Matter Jurisdiction
For diversity of citizenship, only consider the citizenship of the rep and the opposing party (ignore the other class members’ citizenships). Amount in controversy still must exceed $75,000.
OR, can always bring in under FQ.
Class Action Fairness Act
Grants SMJ separate from diversity of citizenship jdx. It lets a federal court hear a class action (of least 100 members) if ANY class member is of diverse citizenship from ANY D and if the aggregated claims of the class exceed $5 million.
