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Flashcards in Multiparty Litigation Deck (52):
1

When would a court force a nonparty into the case?

When they are necessary?

2

An absentee is necessary in a case if they meet any of the following three tests:

Without A, the court cannot accord complete relief among existing parties (worried about multiple suits)

A's interest may be harmed if he is not joined (practical harm)

A claims an interest that subjects a party (usually D) to a risk of multiple obligations

3

When are joint tortfeasors necessary?

Never

4

If a party is necessary, their joinder must nonetheless be _____

Feasible

5

A necessary party's joinder is "feasible" is which two things are true?

There is PJ over them AND

Joining the party will not goof up diversity jurisdiction.

6

If a necessary party's joinder is feasible, what happens?

Court orders joinder.

7

What two things must a court decide between if a necessary party's joinder is not feasible?

Proceeding without that person; or

Dismiss the entire case.

8

What happens in impleader?

D is bringing in someone new as a 3rd party D.

9

When is an impleader claim compulsory?

Never

10

D can only use impleader to do what?

Shift liability he owes to P.

11

An impleader claim is usually for ___ or ____

Indemnity or contribution

12

P is badly hurt in a bar fight. P sues A, and claims that A hit him. A claims he did not touch P, and that it was B who did it. Can A implead B? Explain?

No. A is not attempting to shift liability.

13

P hires D to treat her house for bugs. D hires Sub to remove dirt around the house so he can do his job. While removing dirt, Sub damages the house. P sues D. CanD implead Sub? Explain.

Yes. OK because D wants to indemnify for her liability to P.

14

Two steps to implead a TPD?

File a 3rd party complaint naming the TPD; and

Serve process on the TPD

15

What must the court have with respect to a TPD in an impleader action?

PJ

16

There is a RIGHT to implead within ___ days of serving your answer. After that, _______ _____ is needed.

14

Court permission.

17

After a TPD is joined, P may assert a claim against him if what is true of that claim?

Same T/O

18

After a TPD is joined, he may assert a claim against P if . .

Same T/O

19

Once a TPD is impleaded, the court must retain _____ over all claims.

SMJ

20

P (MO) sues D (KS) in fed court for $100k, invoking diversity. D impleads TPD (MO) for indemnification of the full $100k. Is there SMJ over the impleader claim? Explain

Yes, there is diversity between D and TPD -- P's state doesn't matter.

21

P (MO) sues D (KS) in fed court for $100k, invoking diversity. D impleads TPD (MO) for contribution of $50k. Is there SMJ over the impleader claim? Explain

Yes. No diversity because amount in controversy, BUT supplemental.

Claim is the same T/O AND the limitation doesn't apply because it is not asserted by the P.

22

What happens in intervention?

Nonparty brings herself into the case.

23

Application to intervene must be ____

Timely

24

When does a person have a right to intervention? (2)

Interest may be harmed if not joined AND

Not adequately represented.

25

When is intervention permissive?

When A's claim or defense and the pending case have at least one common question.

26

Permissive intervention is usually ok unless intervention will cause ___ or ____

Delay or prejudice.

27

Is an intervenor's claim subject to SMJ restrictions?

Yes

28

4 initial requirements of class action suit?

Numerosity

Commonality

Typicality

Representative adequate

29

Mnemonic for class actions reqs?

No Class (is) Truly Representative

30

Explain numerosity

Too many class members for practicable joinder

31

Explain commonality

Some issue in common to all class members so that resolution will generate answers for all

32

Explain typicality

Rep's claims are typical of those in the class.

33

Explain (adequate) representative

The class rep will fairly and adequately represent the class

34

3 types of classes?

Prejudice (class treatment necessary to avoid harm)

Equitable Relief (class seeks and injunction or declaratory judgment because D treated the class alike)

Damages (common questions predominate over the individual questions AND class action is the superior method to handle the dispute -- e.g., mass tort)

35

What requirements of a "Damages" class? (2)

common questions predominate over the individual questions

class action is the superior method to handle the dispute -- e.g., mass tort)

36

A class action is not such until what?

Certified

37

When a court certifies a class action, it must do what 2 things?

"Define the class and the class claims, issues, or defenses."

Appoint class counsel.

38

In a Damages/Type 3 class, the court must do what to the members?

Notify them that they are in a class

39

Notice in a damages class action means what type of notice?

Individual (usually by mail)

40

What class requires notice?

Only damages

41

Who pays to give notice in a damages class action?

Party rep

42

Who is bound by a judgment in a certified class action? Who is not?

Bound = all members

Not = those who opt out of a DAMAGES class

43

Is there a right to opt out of a Prejudice class? Equitable Relief class? Damages class?

No

No

Yes

44

When can class action be settled?

Court approval.

45

Before settling in a Damages class action, the court will usually do what?

Give members a second chance to opt out.

46

For citizenship in a class action (for purposes of diversity), who counts?

Only the rep

47

For amount in controversy in a class action, who counts?

Just the rep

48

As long as these two things are true, a class action will have diversity.

Rep's claim is diverse from all Ds AND

Rep's claim exceeds $75k

49

What does the Class Action Fairness Act do?

Grants SMJ separate from diversity when a class of at least 100 has at least one diverse member of any D AND if the aggregated claims of the class exceed $5m

50

In a prejudice class (type 1), many people have a claim to what?

Why is suing individually not feasible?

Limited fund of money

Individual suits would likely deplete all the funds and leave some claimants with nothing.

51

What does the class seek in an equity class (type 2)? What is required of the D?

An injunction or declaratory judgment because D treated the class alike.

52

If a TPD is impleaded by the D and has a claim against the P arising from the same T/O, is this a compulsory counterclaim?

No. Might come in under supp., but not compulsory