Multiple Parties & Claims Flashcards
(49 cards)
1
Q
Joinder of Claims
A
Plaintiff may join any claims she has against the ▵
2
Q
Permissive Joinder
A
Plaintiff may join if:
- Plaintiff’s claims arise from same transaction or occurrence AND raise a common question of law or fact
3
Q
Compulsory Joinder of Necessary Parties
A
Non Ps required to be joined if they’re nec & indispensable Parties to the action (MUST Join)
- All Ps required to give complete relief to everyone
4
Q
Compulsory Joinder - Necessary Parties
A
- Court can’t give complete relief without them
- Missing party’s interests would be harmed
- Missing party’s claims would subject other party to incur multiple liability
- Joint Tortfeasors are NOT necessary parties
5
Q
Compulsory Joinder - Jurisdictional Requirements
A
- Personal Jurisdiction, AND
- Joinder will not destroy diversity
- If it does, court can dismiss or
- proceed if it believes it can give effective relief
6
Q
Compulsory Joinder - Effect of Failure
A
Court can proceed w/out the necessary party or dismiss entirely,
- Factors considered when determining to dismiss or proceed:
- Is there an alternative forum available?
- What is the actual likelihood of harm?
- Can court shape relief to avoid harm?
- If dismissed - Party is referred to as indispensable
7
Q
Counterclaim
A
Claim against opposing party
8
Q
Compulsory Counterclaim
A
Arises out of the same transaction or occurrence
- Waived if not filed - if ▵ doesn’t plead comp. CC in answer, claim can’t be asserted in another action
- Supplemental Jurisdiction
- YES, Comp CC falls within Supp J b/c arises out of same transaction or occurrence
- No limitations b/c asserted by ▵ (Such as to destroy complete diversity)
9
Q
Permissive Counterclaim
A
Does not arise out of the same transaction or occurrence, ▵ may assert permissive counterclaim in another action
10
Q
Cross-Claim
A
Against Co-party
- Must arise out of same transaction or occurrence (Always permissive, never compulsory)
- Supplemental Jurisdiction - Yes, arises out of same transaction or occurrence
- Limitations apply, can’t use SJ to overcome complete diversity
11
Q
Impleader
A
▵ who believes 3d P is liab. to her for all (Indemnification) or part (Contribution) of Plaintiff’s claims against the ▵ may implead them as 3d P ▵
- ▵ must be claiming derivative liability (Indemnification or contribution),
- Can’t just blame a 3d party
- Normal pleading rules apply
12
Q
Impleader - Timing
A
Within 14 days of answering complaint or by leave of court
13
Q
Impleader - Requirements
A
- File Third Party Complaint
- Serve Process on Third Party ▵ (Personal Jurisdiction)
- SMJ - Diversity, Federal Question, OR Supp. J
- Avail. since claim for indem. or cont. will arise out of common nucleus of operative fact
14
Q
Interpleader
A
Used when stakeholder has property and 2 or more others claim ownership
- forces all claimants into single suit b/c the Plaintiff doesn’t want to be exposed to multiple liab. or inconsistency
15
Q
Statutory Interpleader
A
Easier then rule 22
- doesn’t require complete diversity,
- has relaxed venue &
- nationwide service of process
16
Q
Statutory Impleader - Jurisdiction
A
- Minimal Diversity - only 1 claimant must be diverse from 1 other claimant AND
- AIC = $500 or more
17
Q
Interpleader - Venue
A
Any district where any claimant resides
18
Q
Statutory Interpleader - Service of Process
A
- Nationwide
- no PJ issues
19
Q
In a statutory interpleader case, where does a federal court have jurisdiction?
A
Nationwide
20
Q
Rule 22 Interpleader - jurisdiction
A
- Complete Diversity - Stakeholder must be diverse from every claimant, AND
- AIC = More than $75K
21
Q
Rule 22 Interpleader - Venue
A
Normal venue rules apply
22
Q
Rule 22 Interpleader - Service of Process
A
Normal services rules apply
- So, PJ must be satisfied
23
Q
Class Action Requirements
A
Requirements:
- Too numerous for joinder to be practical 25<40
- Questions of law or fact common to class
- Claims or defense of representative parties must be typical, AND
- Rep. will fairly & adequately protect interest of class
24
Q
Categories for Class Actions
A
- Anti-prejudice Class Actions
- Injunctive & Declaratory Relief Class Actions
- Damage Class Actions
25
Anti-Prejudice Class Action
Can’t opt out, designed to avoid prejudice to class members or to the party opposing the class
* Inconsistent Adjudications would establish different standards
* Limited Funds
* Adjudication of individual members who race to court 1st would be:
* dispositive of interests of other members OR
* impair ability to protect their interests
26
Injunctive & Declaratory Relief Class Actions
Can’t opt out, Goal is to change behavior, not give compensation.
* Class treatment sought b/c class was treated the same by opposing party
* ▵’s conduct generally applicable to class
* no requirement that ▵ conduct be damaging or offensive to every class member
27
Damage Class Actions
Can opt out, all members claim they have been damaged by ▵ by same conduct in same way & entitled to monetary relief
* Questions of common fact or law predominate, AND
* Class Action Superior Method for fair and efficient adjudication
28
Class Actions - Notice to Class
Anti-Prejudice Class Actions
Discretionary
* Court may direct appropriate notice to any class certified as a prejudice class action
29
Class Actions - Injunctive & Declaratory Relief Class Actions
Notice
Discretionary
* Ct. may direct appropriate notice to any class certified as an injunctive & declaratory relief class
30
Class Actions - Damage Class Actions
Notice
Mandatory
* Court must direct notice to class member using the best notice practicable under the circ. including:
* individual notice to all members who can be ID through reasonable effort
* Must notify member of their ability to opt out and preserve right to sue on own
* Must inform member of binding nature of class action judgement if they choose not to opt out
* Notice is a litigation cost paid by the representative of the class
31
Certification of Class
Court required to certify the class to proceed as a class action
* Requirements:
* certify at earliest practical time
* define class and issues
* appoint class council - one who fairly and adequately represents the classes interest
* Certification may be altered or withdrawn anytime b/f final judgement
* Exception - Can be appealed, but court of appeals must grant the interlocutory appeal
32
Class Actions - Personal Jurisdiction
don’t have to meet PJ requirement for each class member, Only need PJ over the ▵
33
Class Action - SMJ
To bring class suit in fed. ct., SMJ must be satisfied
* Federal Question (Anti-trust, securities, civil rights, copyright, patent), OR
* Diversity
* Only representative of class must be diverse from all ▵s, AND
* AIC - Representative’s claim exceeds $75K
34
Class Action Fairness Act
Statutory grant of SMJ over class action suit
35
Class Action Fairness Act - Jurisdictional Requirements
Act gives a fed. ct. original jurisdiction over class action suit if:
1. Minimal Diversity - any member of class is diverse from any ▵, AND
2. AIC \> $5 million - Aggregated claims of class exceed $5 million
36
Class Action Fairness Act - Mandatory Decline of Jurisdiction
District court must decline jurisdiction under CAFA if:
1. More than 2/3 of proposed class members are citizens of the state where action is filed
2. ▵ from whom significant relief is sought is citizen of state where action filed, AND
3. Principal injuries occurred in the state where action filed
37
Class Action Fairness Act - Discretionary Decline of Jurisdiction
Federal ct. may decline jurisdiction under CAFA or remand if originally removed from state court if:
1. More than 1/3 but less then 2/3 of proposed members are citizens of state where action filed, AND
2. Primary ▵s are also citizens of state where action filed
38
Class Actions - Settlements & Dismissals
Requirements
1. Court Approval AND
2. Notice
39
Settlements & Dismissals - Court Approval
Must approve any settlement, vol. dismiss or compromise of the claims, issues or defenses of cert. class
* Fairness Hearing Required
* Court may approve settlement, vol. dismiss, compromise that would bind class members only after fairness hearing
40
Settlements & Dismissals - Notice requirement
In a reasonable manner to all class members who would be bound by proposed settlement, dismissal or compromise
* Damage class action
* No opportunity to opt out required,
* court may refuse to approve settlement unless it gives a new opp. to opt out to individual class members who had an earlier opportunity to opt out
41
Class Actions - Attorneys Fees
Fixed by Court
* so Absent members of class are protected
* A separate motion is required for the courts approval of attorney fees
42
After a party has been impleaded into a suit, the impleaded party may file what claims? The orig. party may file what claims?
Impleader party - can bring claims of its own against other parties or implead additional parties
Original - may file claim against the impleaded D provided the claim relates to the orig. claims
43
What are the steps if joinder is mandatory ?
If the absent party is necessary:
1. Join the party if available
2. If the nec. party can't be joined - determine whether the nec. party is indispensable
3. If the party is indispensable, dismiss the case
44
What is rule 24 intervention?
When a non-party attempts to join a suit through its own initiative
45
When does intervention as a right occur?
Court must allow for intervention if:
1. The party claims an int. relating to the subj. matter of the action AND
2. Absent intervention, the party may not be able to protect their interest
46
When is permissive intervention available?
Upon timely application and at the court's discretion
* Any pers. may be permitted to intervene in an action when the intervenor has a claim or defense that shares with the main action a common claim or fact
47
What happens if the law of joinder allows a claim to be added but the additional claim is not consistent with the law or subj. matter juris., PJ, or venue?
Claim won't be allowed without proper SMJ or PJ
* BUT Improper venue won't keep joinder claim out
48
What is the Bulge Rule?
An impleaded defendant will be subj. to the PJ of a federal court
* If, in addition to any other ground for PJ
* the impleaded defendant is served with process w/in 100 miles of court house
49
When will someone with an interest in an action not be allowed to intervene ?
When permitting him to intervene would destroy diversity
