SP25 Final Flashcards
(36 cards)
FRCP 18 Claims
(1) Party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party
FRCP 19 Persons required to be joined, if feasible
(a) person required to be joined
(1) person who is served and whose joinder will nnot deprive ct of smjx must be joined as a party if they are:
(A) a person in whose absence ct cannot accord complete relief, or
(B) Person who has an interest in the case, and disposing of action without them may:
- (i) impair or impede the person’s ability to protect the interest
- (ii) leave an existing party to incur double, multiple, or inconsistent obligations
(2) if a person is required to be joined and is not, ct must order that person be made a party. Person who refuses may be made a D or involuntary P
(3) venue–> if a joined party objects to venue and joinder would make venue improper, ct must dismiss that party
(b) when joinder is not feasible. Ct must determine whether in equity and good conscience, action should proceed among existing parties or be dismissed
(1) extent to which judgment rendered in absence would prejudice them or existing parties
(2) extent to which any prejudice could be lessened or avoided by
- (A) protective provisions
- (B) shaping relief
- (C) other measures
(3) whether judgment rendered in person’s absence would be adequate
(4) whether P would have an adequate remedy of action dismissed for nonjoinder
R 12(b)(7) MTD for failure to join a party
12(h)(2)–> like failure to state a claim, 12(b)(7) can be raised in any pleading, by a 12 (c) motion (judgment on pleadings), or at trial
FRCP 20 Permissive joinder
Persons (D or P) may be joined if
(A) they assert a right to relief/right to relief asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and
(B) same question of law or fact arises between all Ps/Ds
(3) Extent of relief–> ct may grant judgment to one or more Ps according to their rights and against one or more Ds according to their liabilities. One D will not incur all liability of the claim does not pertain to them.
(4) protective measures–> ct may issue orders for separate trials to protect a party against embarassment, delay, expense, or other prejudice that arises from the inclusion of a person against whom party asserts no claim and who asserts no claim against party
FRCP 21 misjoinder/nonjoinder
misjoinder not grounds for dismissal. Ct may add or drop a party on motion or on its own. Ct may also sever any claim against a party.
FRCP 42 consolidation/sep trials
(a) consolidation: if the actions before the ct involve a common Q of law or fact, ct may
(1) join for hearing or trial any or all matters at issue in actions,
(2) consolidate the actions, or
(3) issue any other orders to avoid unecessary cost or delay
(b) to avoid prejudice, for convenience, or to expedite or economize, ct may order a separate trial of one or more separate issues
FRCP 13 counterclaims and crossclaims
(a) compulsory counterclaim
(1) pleading must state as a counterclaim any claim that D has at the time of service if
- (A) claim arises out of same transaction or occurrence as is the sm of the opposing party’s claim; and
- (B) does not require adding another party over whom the ct cannot acquire jx
(2) exceptions:
- (A) when the action was commenced, claim was subject of another pending action
(b) permissive counterclaim
(1) pleading may state as a counterclaim any claim that is not compulsory (doesn’t arise out of same transaction or occurrence
(c) counterclaim need not diminish or defeat recovery sought by opposing party
(e) counterclaim maturing or acquired after pleading–> ct may permit a party to assert a counterclaim that it did not have at time of serving og counterclaim
(g) crossclaim against coparty–> pleading may assert crossclaims if they arise out of same transaction or occurrence as og action
(h) joining additional parties–> R19 and 20 govern addition of a person as a party to a counterclaim or crossclaim
King v. Blanton
car accident and suit one party’s negligence is settled. Other party then sues arguing the other was negligent. Not raising a compulsory counterclaim when person has reasonable opportunity to do so waives it.
FRCP 14 Impleader
(a) When defending party may bring in a third party
(1) a defending party may, as a third party P, serve a summons and complaint on a nonparty who is or may be liable to it for all or party of the claim against it
*Must obtain cts leave by motion if it files third party complaint more than 14 days after og answer
3PD may proceed against nonparty who is or may be liable to it for all or party of any claim against it
*joint tortfeasor–> claim against joint tortfeasor sounds like negligence. Have to have some legal authrority to have joint tortfeasor contribute (Erkins)
FRCP 24
(a) on timely motion, ct must permit anyone to intervene who
- (1) is given an unconditional right to intervene by federal statute; or
- (2) claims an interest relating to proeprty or transaction in dispute, and is so situated that disposing of action may impair or impede movant;s ability to protect its interest, unless existing parties adequaetely represent that interest
(b) permissive. on timely motion ct may permit anyone to intervene who:
- (1) is given a conditional right to intervene by federal statute, or
- (2) has a claim or defense that shares with the main action a common Q of law or fact
govt may also be permitted to intervene if a party’s claim or defense is based on
- (A) a statute or executive order administered by the officer or agency or
- (B) any regulation, order, requirement, or agreement issued or made under the statute or executive order
denial of intervention is immediately appealable
28 USC §1335 statute interpleader (own branch of jx)
(a) district cts shall have og jx over any civil action of interpleader…filed by any person possessing money or property of the value of $500 or more… if
(1) two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of §1332, are claiming to be entitled to such money or property, and if
(2) P has deposited such money or property into registry of the ct, there to abide the judgment of the ct
(b) such action may be entertained even though titles or claims of conflicting claimants do not have common origin
ONLY minimal diveristy required be claimants. Const. only requires minimal special venue and pjx statutes
FRCP 22
(a) grounds
(1) By a P. Persons with claims that may expose a P to double or multiple liability may be joined as Ds and required to interplead. Joinder for interpleader is proper even though
(A) claims lack a common origin
(B) P denies liability in whole or in part to any or all claimants
(2) A D exposed to similar liability may seek interpleader through a crossclaim or counterclaim
*use traditional bases of sm jx
if one interpleader sues P without other interpleaders, P can seek an injunction and still interplead the other parties
art III §2 (supp jx)
judicial power shall extend to all cases and controversies, in law and equity, arising under this constitution
pendent jx
doctrine of discretion, not one of Ps right. Justification lies in consideration of judicial economy, convenience, and fairness to litigants
28 USC 1367
(a) except as provided in (b) and (c), in any civil action of which district cts have og jx, the district cts shall have supplemental jx over all other claims that are so related that they form part of the saem case or controversy under Art III. Includes claims that involve joinder or intervention of additional parties.
(b) in any civil action where smjx based on diversity, district cts shall not have jx over claims by Ps against persons made parties under R14, 19, 20, or 24; or over claims by persons proposed to be joined as Ps under R19 or seeking to intervene as Ps under R24 when exercising supp jx over such claims would be inconsistent with diversity requirements.
(c) the district ct may decline to exercise supp jx over a claim if
(1) claim raises novel or complex issue of state law
(2) claim substantially predominates over the claim over which district ct has ogjx
(3) district ct has dismissed all claims over which it has og jx, or
(4) in exceptional circumstances there are other compelling reasons for declining jx
Allapattah
if joined as a class member or permissive P, not precluded from supp jx if AOC not met but otherwise diverse (class rep/anchor claim must still meet 1332 requirements)
CAFA
gives fed cts og sm jx over class action claims if aggregated AOC meets 5 million
Owen
widow files wrongful death action against diverse construction company, amends complaint and names non-diverse Owen as additional D. Ct then grants summary judgment for first D. Case in fed ct where no diversity. Ct says can’t allow a P to defeat diversity by suing diverse Ds and waiting for them to plead non-diverse defendants.
ART III §1 (choice of law)
judicial power vested in one Supreme ct and in such inferior cts as congress may establish
ART 1 §8 nec and prop
congress has power to make all laws which shall be necessary and proper for carrying into execution pwers vested in it and the govt by the Constitution
Art IV §2- supremacy
laws made pursuant to the Constitution are the supreme law of the land
28 USC §1652 RDA
the laws of the several states, except where the constitution or treaties of US or Acts of Congress otherwise require or provide, shall be regarded as the rules of decision in civil actions in the courts of the US, in cases where they apply
Swift v. Tyson
RDA requires fed cts to apply relevant state statutes to a case, but they are not bound to follow common law rulings of state cts, may apply “general common law”
Taxicab
J. Holmes–> fallacy is in supposing there is a transcendental body of law outside any particular state but obligatory within it unless and until changed by statute
