3 - Multiparty cases

Question 1

multiparty cases

Answer 1

party joinder, class action

Question 2

party joinder

Answer 2

proper Ps and Ds, necessary and indispensable parties, impleader, intervention

Question 3

party joinder

proper Ps and Ds

Answer 3

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

Question 4

party joinder
necessary and indispensable parties
Why would a court force a nonparty into the case?

Answer 4

A court would force a nonparty into the case because the nonparty is necessary or required.

Question 5

party joinder
necessary and indispensable parties
3 steps test for whether a court to force a nonparty to join in the case

Answer 5

1. Who is necessary?
2. Can A be joined?
3. What if A cannot be joined?

Question 6

party joinder
necessary and indispensable parties
1. Who is necessary?

Answer 6

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.

Question 7

party joinder
necessary and indispensable parties
2. Can A be joined?

Answer 7

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.

Question 8

party joinder
necessary and indispensable parties
3. What if A cannot be joined?

Answer 8

If A cannot be joined, then the court must either:

1. proceed without A OR
2. dismiss the entire case.

Question 9

party joinder
necessary and indispensable parties
3. What if A cannot be joined - how does the court decide?

Answer 9

Court looks at 3 factors in making that decision:

1. Is there an alternative forum available (like state court)?
2. What is the actual likelihood of harm to A?
3. Can the court shape relief to avoid that harm to A?

Question 10

party joinder
necessary and indispensable parties
3. What if A cannot be joined - what happens if the court decides to dismiss?

Answer 10

If the court decides to dismiss the case, then A was an indispensable party.

Question 11

party joinder

“I” claims

Answer 11

impleader, intervention

Question 12

party joinder

impleader

Answer 12

impleader - a defending party brings in someone new. The new party is the third-party defendant (TPD)

Question 13

party joinder
impleader
Must an impleader claim be asserted?

Answer 13

An impleader claim does not have to be asserted. No other claims are compulsory besides compulsory ctrcaims.

Question 14

party joinder
impleader
What would allow D to implead?

Answer 14

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).

Question 15

party joinder
impleader
What steps are necessary to implead the TPD?

Answer 15

1. D files a third-party complaint naming TPD, AND

2. D serves process on TPD (must have PJ over TPD)

Question 16

party joinder
impleader
Timing of impleader

Answer 16

Right to implead within 14 days of serving the answer. After that, requires court permission.

Question 17

party joinder
impleader
After TPD is joined, may P assert a claim against TPD? May TPD assert a claim against TPD?

Answer 17

Yes in both instances, if the claim arises out of the same ToO as the underlying case.

Question 18

party joinder
impleader
When do you assess for SMJ?

Answer 18

Assess each claim separately for SMJ.

diversity or FQ, then supplemental jdx.

Question 19

party joinder

intervention

Answer 19

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

Question 20

party joinder

intervention - 2 types

Answer 20

intervention of right, permissive intervention

Question 21

party joinder

intervention - intervention of right

Answer 21

For intervention of right, A must show:

1. A’s interest may be harmed if not joined AND
2. A is not adequately represented now

Question 22

party joinder

intervention - permissive intervention (not likely)

Answer 22

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.

Question 23

party joinder
intervention
When do you assess for SMJ?

Answer 23

Assess each claim separately for SMJ by or against intervenor.
diversity or FQ, then supplemental jdx.

Question 24

class action

Answer 24

Rep sues on behalf of the group

Question 25

class action - Steps to file class action

Answer 25

1. 4/4 of initial requirements
2. Fit into 1 of 3 types
3. Court certification of the class
4. Special requirement for type 3 class

Question 26

class action
1.  initial requirements

Answer 26

1. numerosity - too many class members for practicable joinder
2. commonality - issue common to class members so that resolution of the issue generates answers for everybody in the class
3. typicality - rep’s claims are typical of the class
4. adequateness of representative - rep will fairly and adequately represent the class

Question 27

class action
2.  3 types of cases

Answer 27

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)

Question 28

class action
3.  court certification of the class

Answer 28

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.

Question 29

class action
4.  Special requirement for type 3 class

Answer 29

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.

Question 30

class action - SMJ

Answer 30

1. Rep must be diverse from all Ds

2. Rep’s claim must exceed $75K