17. joinder of Claims Flashcards
Joinder of Claims Rule
18
Rule 18 text
A 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
Permissive Joinder of Parties Rule
20
permissive Joinder of parties rule statement (3 key points)
Individuals may join together and sue as coplaintiffs or co-defendants.
Claims may be for different types of relief.
To join parties under R. 20 the underlying claim must:
(1) involve the “same transaction or occurrence (STOO) or series thereof”
and
(2) “raise one common question of law or fact.”
Rules that permit a court to change claims, parties and trials
Rule 21- Misjoinder of parties
R 42 - Consolidation of seperate trials
Misjoinder of parties rule statement
Misjoined parties are not a ground for dismissing an action.
The court can:
add or drop a party
or
sever a claim against a party at any time.
R21
Consolidation Rule Statement
Court may consolidate trials if an action before the court involve a common question of law or fact.
Court may order a seperate trial of claims, crossclaims and counter claims and in doing so dismiss without prejudice.
What is a counterclaim? 3 things
A claim defendant makes against plaintiff seeking relief for the plaintiff’s actions.
There are two types: permissive and compulsory.
Allowed by R13.
Two forms of counterclaims
13(a): Compulsory: Same Transaction or Occurrence. Must be made when the first issue is tried, otherwise claim preclusion applies.
13(b): Permissive: Any transaction or Δ’s Counterclaim 2 occurrence.
Policy rational for R13 a compulsory counterclaims - 3 things
13(a): Compulsory: Same Transaction or Occurrence.
Must be made when the first issue is tried, otherwise claim preclusion applies.
Rationale—
efficiency for courts & avoid inconsistent verdicts.
Compulsory counter claims rule 3 things
R13a
A claim defendant makes against plaintiff seeking relief for the plaintiff’s actions.
Must be made when the first issue is tried, otherwise claim preclusion applies.
Exceptions to Compulsory counter claims rule 3 things
R13a
Exceptions to compulsory counterclaim rule: need not be asserted if
(a) subject to another pending action,
(b) juris over main claim not full PJ, or
(c)arises after answer.
If not raised in original action, then waived
permissive counter claims rule + nuance - 3 things
13(b)
Permissive: Any transaction or Δ’s Counterclaim 2 occurrence.
13b counterclaims not barred if omitted in original action
Res judicata - Claim and issue preclusion Policy goals - 4 things
Goals
1) relieve parties of cost and vexation of multiple lawsuits;
2) conserve judicial resources (efficiency); and
3) prevent inconsistent decisions to encourage reliance on adjudication (finality & repose).
Constitutional rule: “Full Faith & Credit shall be
given in each State to the …judicial Proceedings of every other State.
Rule statement for claim preclusion
Finality to claim precludes every matter in the same transaction
Common law doctrine
Requirements for claim preclusion - three
Only P against D
Requires:
valid final judgement
claim extinguished
includes remedies for P against the defendant
Issue preclusion Rule statement
precludes issues actually decided and those essential to the judgement
Common law doctorine
Issue preclusion requirements
P or D can apply
Requirements:
Same issue
Litigated and decided
Essential to judgement
Against same party in first parties
who seeks relief via a counter claim
defendant seeks their own relief
supplemental jurisdiction and counterclaims
compulsory 13a claims must meet supplemental jurisdiction for related claims
13b permissive counter claims need their own smj analysis
crossclaims definition and rule
RULE 13(g)
Crossclaims are OFFENSIVE claims brought by a party
against a co-party (someone on the same side of the “v”)
Cross claim rule and requirements
13g
Must arise from same transaction or occurrence
not compulsory/claim preclusion is never an issue
Impleader rule
14
A defending party may
serve a summons and complaint on a nonparty
who may be liable to it for all or part of
the claim against it.
Must have courts permission to do so if serving more than 14 days after original answer.
Rule 14
Plaintiff can assert a claim against a 3rd party defendant arising out of STOO in P’s claims against defendant/third party plaintiff.
