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Flashcards in Multiparty Litigation Deck (52)
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1
Q

When would a court force a nonparty into the case?

A

When they are necessary?

2
Q

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

A

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
Q

When are joint tortfeasors necessary?

A

Never

4
Q

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

A

Feasible

5
Q

A necessary party’s joinder is “feasible” is which two things are true?

A

There is PJ over them AND

Joining the party will not goof up diversity jurisdiction.

6
Q

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

A

Court orders joinder.

7
Q

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

A

Proceeding without that person; or

Dismiss the entire case.

8
Q

What happens in impleader?

A

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

9
Q

When is an impleader claim compulsory?

A

Never

10
Q

D can only use impleader to do what?

A

Shift liability he owes to P.

11
Q

An impleader claim is usually for ___ or ____

A

Indemnity or contribution

12
Q

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?

A

No. A is not attempting to shift liability.

13
Q

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.

A

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

14
Q

Two steps to implead a TPD?

A

File a 3rd party complaint naming the TPD; and

Serve process on the TPD

15
Q

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

A

PJ

16
Q

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

A

14

Court permission.

17
Q

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

A

Same T/O

18
Q

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

A

Same T/O

19
Q

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

A

SMJ

20
Q

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

A

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

21
Q

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

A

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
Q

What happens in intervention?

A

Nonparty brings herself into the case.

23
Q

Application to intervene must be ____

A

Timely

24
Q

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

A

Interest may be harmed if not joined AND

Not adequately represented.

25
Q

When is intervention permissive?

A

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

26
Q

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

A

Delay or prejudice.

27
Q

Is an intervenor’s claim subject to SMJ restrictions?

A

Yes

28
Q

4 initial requirements of class action suit?

A

Numerosity

Commonality

Typicality

Representative adequate

29
Q

Mnemonic for class actions reqs?

A

No Class (is) Truly Representative

30
Q

Explain numerosity

A

Too many class members for practicable joinder

31
Q

Explain commonality

A

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

32
Q

Explain typicality

A

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

33
Q

Explain (adequate) representative

A

The class rep will fairly and adequately represent the class

34
Q

3 types of classes?

A

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
Q

What requirements of a “Damages” class? (2)

A

common questions predominate over the individual questions

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

36
Q

A class action is not such until what?

A

Certified

37
Q

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

A

“Define the class and the class claims, issues, or defenses.”

Appoint class counsel.

38
Q

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

A

Notify them that they are in a class

39
Q

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

A

Individual (usually by mail)

40
Q

What class requires notice?

A

Only damages

41
Q

Who pays to give notice in a damages class action?

A

Party rep

42
Q

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

A

Bound = all members

Not = those who opt out of a DAMAGES class

43
Q

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

A

No

No

Yes

44
Q

When can class action be settled?

A

Court approval.

45
Q

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

A

Give members a second chance to opt out.

46
Q

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

A

Only the rep

47
Q

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

A

Just the rep

48
Q

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

A

Rep’s claim is diverse from all Ds AND

Rep’s claim exceeds $75k

49
Q

What does the Class Action Fairness Act do?

A

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
Q

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

Why is suing individually not feasible?

A

Limited fund of money

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

51
Q

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

A

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

52
Q

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?

A

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