Multiple Parties and Claims Flashcards
(8 cards)
Joinder of Parties
The Federal Rules of Civil Procedure provide for joining parties to existing litigation, generally for reasons of efficiency and economy. Permissive joinder is governed by Rule 20. Compulsory joinder is subject to Rule 19.
Intervention
Rule 24 governs the circumstances under which a nonparty may join in a lawsuit. In some circumstances, the nonparty may intervene as of right. In other circumstances, the nonparty must have the permission of the court. In either case, a motion to intervene must be timely.
Interpleader
Interpleader allows a person holding property (traditionally known as the “stakeholder”) who legitimately fears multiple claims against the property to force all potential claimants to the property into a single lawsuit to determine who has a right to the property.
Counterclaim
A counterclaim is a claim for relief made against an opposing party after an original claim has been made. A counterclaim may be asserted in the answer to the complaint and the reply to a counterclaim. Rule 13 governs the requirements for bringing a counterclaim.
Third Party Defendant
A third-party defendant is a party brought into a lawsuit by an original defendant based on a theory that the party may be liable for damages that the original defendant may owe to the original plaintiff.
Crossclaim
A crossclaim is a claim made against a co-party, such as a claim by a defendant against another defendant.
Impleaded Claims
Impleaded claims are made by a defending party against a nonparty for all or part of the defending party’s liability on an original claim. The plaintiff may also assert related claims against the impleaded party. In both cases, the impleaded claim must relate to the original claim against the defending party.
Shareholder Derivative Action
A shareholder derivative action is an action brought by a shareholder on behalf of a corporation to enforce a right of the corporation that the corporation has failed to enforce.
