3 - Multiparty cases Flashcards
multiparty cases
party joinder, class action
party joinder
proper Ps and Ds, necessary and indispensable parties, impleader, intervention
party joinder
proper Ps and Ds
Claims must:
1. Arise from the same ToO AND
2. Raise at lease one common question
Works for co-plaintiffs and co-defendants
MUST assess whether the case invokes diversity or FQ
party joinder
necessary and indispensable parties
Why would a court force a nonparty into the case?
A court would force a nonparty into the case because the nonparty is necessary or required.
party joinder
necessary and indispensable parties
3 steps test for whether a court to force a nonparty to join in the case
- Who is necessary?
- Can A be joined?
- What if A cannot be joined?
party joinder
necessary and indispensable parties
1. Who is necessary?
Necessary party - A non-party absentee (“A”) who meets any of the these tests:
a. Without A, the court cannot accord complete relief among existing parties (worried about multiple suits) OR
b. A’s interest may be harmed if he is not joined (practical harm) (MOST LIKELY)
c. A claims an interest that subjects a party (usually D) to a risk of multiple obligations
Joint tortfeasors are NOT necessary a parties.
party joinder
necessary and indispensable parties
2. Can A be joined?
Joinder is feasible for A IF:
1. There is PJ over the A AND
2. Joining A will not destroy diversity jdx
If joinder is feasible, then the court will order absentees to be joindered.
party joinder
necessary and indispensable parties
3. What if A cannot be joined?
If A cannot be joined, then the court must either:
- proceed without A OR
- dismiss the entire case.
party joinder
necessary and indispensable parties
3. What if A cannot be joined - how does the court decide?
Court looks at 3 factors in making that decision:
- Is there an alternative forum available (like state court)?
- What is the actual likelihood of harm to A?
- Can the court shape relief to avoid that harm to A?
party joinder
necessary and indispensable parties
3. What if A cannot be joined - what happens if the court decides to dismiss?
If the court decides to dismiss the case, then A was an indispensable party.
party joinder
“I” claims
impleader, intervention
party joinder
impleader
impleader - a defending party brings in someone new. The new party is the third-party defendant (TPD)
party joinder
impleader
Must an impleader claim be asserted?
An impleader claim does not have to be asserted. No other claims are compulsory besides compulsory ctrcaims.
party joinder
impleader
What would allow D to implead?
D can ONLY implead to shift the liability that he will owe to P to the TPD.
So if D is found liable, D will get to TPD to pay all or part of his own liability.
An impleader claim is usually for indemnity (TPD has to cover the full claim) or contribution (TPD has to cover a pro-rata portion of his own liability).
party joinder
impleader
What steps are necessary to implead the TPD?
- D files a third-party complaint naming TPD, AND
2. D serves process on TPD (must have PJ over TPD)
party joinder
impleader
Timing of impleader
Right to implead within 14 days of serving the answer. After that, requires court permission.
party joinder
impleader
After TPD is joined, may P assert a claim against TPD? May TPD assert a claim against TPD?
Yes in both instances, if the claim arises out of the same ToO as the underlying case.
party joinder
impleader
When do you assess for SMJ?
Assess each claim separately for SMJ.
diversity or FQ, then supplemental jdx.
party joinder
intervention
intervention - a nonparty brings herself into the case.
She can choose to come in as P (to assert a claim) or as D (to defend a claim).
Court may realign if it thinks she came in on the wrong side.
Ap
party joinder
intervention - 2 types
intervention of right, permissive intervention
party joinder
intervention - intervention of right
For intervention of right, A must show:
- A’s interest may be harmed if not joined AND
- A is not adequately represented now
party joinder
intervention - permissive intervention (not likely)
For permissive intervention, A’s claim or defense AND the pending case have at least 1 common question.
Discretionary with the court.
Usually ok unless intervention will cause delay or prejudice.
party joinder
intervention
When do you assess for SMJ?
Assess each claim separately for SMJ by or against intervenor.
diversity or FQ, then supplemental jdx.
class action
Rep sues on behalf of the group
class action - Steps to file class action
- 4/4 of initial requirements
- Fit into 1 of 3 types
- Court certification of the class
- Special requirement for type 3 class
class action 1. initial requirements
- numerosity - too many class members for practicable joinder
- commonality - issue common to class members so that resolution of the issue generates answers for everybody in the class
- typicality - rep’s claims are typical of the class
- adequateness of representative - rep will fairly and adequately represent the class
class action 2. 3 types of cases
Type 1 - prejudice: Class treatment necessary to avoid harm (prejudice) either to class members or to the non-class party (RARE) Type 2 - Class seeks an injunction or declaratory judgment b/c D treated the class members alike, i.e. employment discrimination (more likely) Type 3 - Damages: 1) Common questions predominate over individual questions AND 2) class action is the superior method to handle the dispute, i.e. mass tort bus crash (MOST LIKELY ON MBE)
class action 3. court certification of the class
A case is a class action when the court grants a motion to certify the class. Court must 1) define the class and 2) the class claims, issues, or defenses. Court must also appoint class counsel, who must fairly and adequately represent the interests of the class.
class action 4. Special requirement for type 3 class
For type 3 class, court must notify class members that they are in a class by providing individual notice (usually mail) to all reasonably identifiable members. The notice tells them various things, including a) they can opt out, b) they are bound of they do not, and c) they can enter a separate appearance through counsel. The class rep pays for the notice. All members except those who opt out of type 3 are bound by the judgment of a certified class action. Parties can settle or dismiss a certified class action ONLY with court approval.
class action - SMJ
- Rep must be diverse from all Ds
2. Rep’s claim must exceed $75K
