Basic Joinder Flashcards
What is the symbol for a plaintiff?
π
What is the symbol for a defendant?
▲
What is a Cross-Claim?
Co-Parties suing each other (e.g. π –> π OR ▲ –> ▲)
What is a Counter-Claim?
Opposing Party suing back (e.g. ▲ –> π)
What are Co-Parties?
π & π OR ▲ & ▲
What are Opposing Parties?
π & ▲
When is a counterclaim compulsory?
FRCP 13(a)(1) In General. A pleading must state as a counterclaim any claim that–at the time of its service–the pleader has against an opposing party if the claim:
(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and
(B) does not require adding another party over whom the court cannot acquire jurisdiction.
What case explains what it means to arise out of the same transaction or occurrence for FRCP 13(a)(1)(A)?
“extent of factual overlap” - Nasalok Coating Corp v. Nylok Corp.
When is a counterclaim permissive?
FRCP 13(b) Permissive Counterclaim. A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
What rule covers joinder of claims?
FRCP 18. Joinder of Claims
(a) IN GENERAL. 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.
(b) JOINDER OF CONTINGENT CLAIMS. A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties’ substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money.
What rule covers Permissive Joinder of Parties?
FRCP 20. Permissive Joinder of Parties
(a) PERSONS WHO MAY JOIN OR BE JOINED
(1) Plaintiffs. Persons may join in one action as plaintiffs if:
(A) they assert any right to relief 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) any question of law or fact common to all plaintiffs will arise in the action
(2) Defendants. Persons–as well as a vessel, cargo, or other property subject to admiralty process in rem–may be joined in one action as defendants if:
(A) any right to relief is 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) any question of law or fact common to all defendants will arise in the action.
What case explains what it means for the right to relief to arise out of the same transaction, occurrence, or series of transactions or occurrences?
To determine whether or not the parties to be joined arise out of the same transaction, occurrence, or series of transactions or occurrences, look at whether or not the parties acted in concert – Liberty Media Holdings, LLC v. BitTorrent Swarm
