3. Multiparty Litigation

Question 1

When may multiple plaintiffs sue together as co-plaintiffs?

Answer 1

When their claims:

1. Arise from the same transaction / occurrence

AND

2. Raise at least one common question

Question 2

Why would a court force a nonparty into the case?

Answer 2

Because the non-party is necessary

Question 3

Who’s a necessary party that a court might order to join a case?

Answer 3

An absentee (A) who meets any of these tests:

1. Without A, the court cannot accord complete relief among existing parties (worried about multiple suits); OR
2. A’s interest may be harmed if he is not joined (practical harm); OR
3. A claims an interest that subjects a party (usually D) to a risk of multiple obligations.

Question 4

Are joint tortfeasors ever necessary?

Answer 4

No

Question 5

When is the joinder of a necessary party feasible?

Answer 5

1. There is PJ over you and
2. Joining you will not goof up diversity jurisdiction (the court determines whether you would come in as a P or a
   D to see if bringing you in will goof up diversity).

Question 6

What happens if a necessary party cannot be joined (e.g., no PJ over you)?

Answer 6

The court must do one of two things:

1. Proceed without you, or
2. Dismiss the entire case

Question 7

Impleader

Answer 7

D is bringing in someone new. The new party is the third-party defendant (TPD).

Question 8

If you have an impleader claim, must you assert it in this case?

Answer 8

No

Question 9

Steps for impleading the TPD in the pending case:

Answer 9

1. D files a third-party complaint naming the TPD; and

2. Serve process on the TPD. (So must have PJ over TPD.)

Question 10

After TPD is joined, may plaintiff assert a claim against TPD?

Answer 10

Yes, if the claim arises from the same T/O as the underlying case.

Question 11

After TPD is joined, may TPD assert a claim against plaintiff?

Answer 11

Yes, if the claim arises from the same T/O as the underlying case.

Question 12

P (MO) sues D (KS) in federal court for $100,000, invoking diversity. D impleads TPD (MO) for indemnification of the full $100,000. Is there SMJ over the impleader claim?

Answer 12

Yes, because it invokes diversity

Question 13

Intervention

Answer 13

Here, the nonparty brings herself into the case. She chooses to come in either as P (to assert a claim) or as D (to defend a claim). The court may realign her if it thinks she came in on the “wrong” side. Application to intervene must be “timely.”

Question 14

Initial requirements for a class action suit:

Answer 14

1. Numerosity: Too many class members for practicable joinder.
2. Commonality: There is some issue in common to all class members, so resolution of that issue will generate answers for everybody in one stroke.
3. Typicality: Rep’s claims are typical of those of the class; and
4. Representative adequate: The class representative will fairly and adequately represent class.

Question 15

A class action case must fit the case within one of three types:

Answer 15

TYPE 1: “Prejudice”: class treatment necessary to avoid harm (prejudice) either to class members or to the non-class party.

TYPE 2: Class seeks an injunction or declaratory judgment because D treated the class alike.

TYPE 3: “Damages”: (1) common questions predominate over individual questions; AND (2) class action is the superior method to handle the dispute.

Question 16

In the “Damages” class, the court must notify class members that they are in a class. This means individual notice (usually by mail) to all reasonably identifiable members. The notice tells them various things, including:

Answer 16

1. They can opt out;
2. They’ll be bound if they don’t; and
3. They can enter a separate appearance through counsel.

Question 17

Who is bound by the judgment in a certified class action?

Answer 17

All members except those that opt out of a “Damages” class action

Question 18

What about a class action asserting state-law claims, brought under diversity of
citizenship?

Answer 18

As long as the rep is diverse from all defendants, and as long as the rep’s claim exceeds $75,000, the class action will invoke diversity.