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FRCP > Basic Joinder > Flashcards

Basic Joinder Flashcards

1
Q

The fact that the Rules authorize joinder of claims/parties _____ personal or subject jdx

A

does not confer, power vs. permission

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2
Q

Policy behind joinder

A

expansively resolve disputes without creating more

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3
Q

A trial court cannot set ___

A

binding precedent

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4
Q

Normally the consequences of messing up joinder are..

A

dismissal w/o prejudice and leave to amend

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5
Q

When are the few times joinder=preclusion

A

18a, 13a, 19

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6
Q

what is the same transaction/occurrence

A

seems like would use same evidence but very squishy

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7
Q

Rule 18 is about

A

joinder of claims

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8
Q
A
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9
Q

Under R18, joined claims ____ arise from same transacton

A

do not have to

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10
Q

Rule 13 is about

A

counterclaims and crossclaims

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11
Q

13a

A

Compulsory counterclaim: must state any opposing claim that arises out of same transaction that is subject matter of opposing party’s claim and does not require adding another party over whom CT cannot get jdx

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12
Q

Exception to 13a

A

if claim is subject of another pending action

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13
Q

13b

A

permissive counterclaim- can state any claim not compulsory

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14
Q

13c

A

Counterclaim need not diminish or defeat recovery sought by opposing party. may request relief that exceeds or differs in kind from the relief sought by opposing party

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15
Q

13g

A

Cross-claim against co-party, can bring if same transaction

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16
Q
A
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17
Q

Ds shouldn’t bring any counterclaims if they are making ___

A

12(b)(2) motion

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17
Q

Under ____, Court can and probably will order a separate trial for permissive counterclaims

A

42(b)

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17
Q

Podhorn rule

A

13a preclusion

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18
Q

Rule 13 shows a reluctance to ___

A

drag in new parties (but not impossible)

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18
Q

Podhorn facts

A

suing landlords for claims related to tenancy but landlords already sued for back rent and P didn’t file counterclaim at that time

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18
Q

Podhorn holding

A

Failure to pay back rent same transaction as tenancy concerns

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19
Q

Podhorn weirdness

A

even if counterclaim was not triable before that same judge, Ps not relieved of obligation to file it (no jdx to hear case but jdx to receive notice and file it -Missouri thing)

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20
Q

Critique of Podhorn

A

inhabitability could arguably be different transaction, present different evidence

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21
Q

Rule 20 is about

A

permissive joinder of parties

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22
Q

20(a)(1)

A

Ps must assert right to relief arising out of same transaction AND common Q of law or fact

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23
Q

20(a)(2)

A

Ds must have relief asserted against them arising out of same transaction AND common Q

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24
Q

For rule 20, claims need not be the ___ just need to __

A

same, arise from same set of facts

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25
Q

Under rule 20, once a P has claims arising out of the same facts against multiple Ds, they can then ___

A

join unrelated claims they have against those Ds

26
Q

Rule 21 is about

A

remedy for misjoinder

27
Q

Rule 21

A

Misjoinder of parties not a ground for dismissing an action. Court may at any time add or drop a party on motion or on its own. Can also sever any claim against a party

28
Q

Rule 21 allows the court ..

A

a lot of discretion, room for lawyering

29
Q

Cooper holding

A

rules for motion to sever, rejecting permissive joinder of parties

30
Q

Cooper reasoning 1

A

Not same transaction: different apps, different stages and delays for different reasons

31
Q

Cooper reasoning 2

A

maybe experiencing same harm but for different reasons

32
Q

Cooper reasoning 3

A

Since individual causes for delay, no factual commonality, fact that claims arise from same general law doesn’t establish common Q of law

33
Q

Cooper reasoning 4

A

not serving judicial economy, each claim must be looked at individually anyways

34
Q

Cooper reasoning 5

A

Not dismissing, split up cases into new cases, how else sever

35
Q

Misjoinder can be remedied at ___ so some ___ can happen first

A

any point in the case, fact finding

36
Q

Generally, a party is necessary if failing to join them ___

A

would prejudice a party already in the suit

37
Q

If an action is dismissed because of an indispensable party, the P must ___

A

sue elsewhere

38
Q

Rule 19 is about

A

required joinder of parties

39
Q

19a`

A

necessary party- w/o whom court cannot accord complete relief among existing parties OR that person claims interest related to the action where disposing in their absence may impede their ability to protect that interest or leave existing party substantial risk of incurring inconsistent obligations because of the interest

40
Q

19b

A

indispensable party if necessary party cannot be feasibly joined, court must determine whether action should proceed or be dismissed factors to consider (b1-4)

41
Q

19b1

A

prejudice to them or existing parties

42
Q

19b2

A

potential protective provision to lessen prejudice

43
Q

19b3

A

whether judgment without them would be adequate

44
Q

19b4

A

whether P would have an adequate remedy if dismissed for nonjoinder

45
Q

For 19a the third party interest must be __

A

legally recognized one

46
Q

For 19, inconsistent judgments or multiple obligations are not the same as __

A

inconsistent obligations

47
Q

Daynard rule

A

Court not required to dismiss an action where only one co-obligor under K is joined as D in the action

48
Q

Daynard holding

A

Rules for motion to sever, parties are not necessary and indispensable

49
Q

Daynard reason 1

A

complete relief can be accorded because JS liability

50
Q

Daynard reason 2

A

Here JS applies to Ks

51
Q

Daynard reason 3

A

Daynard obligee (already fulfilled promise)

52
Q

Daynard 4

A

judgment will not bind absent party

53
Q

Daynard reason 5

A

inconsistent adjudications not same as inconsistent obligations

54
Q

Daynard reason 6

A

typical outcome for rule 19 case BUT normally joint tenants necessary and indispensable

55
Q

Rule 14 is about

A

impleading

56
Q

14(a)(1)

A

D may as third party P bring a claim against a non-party who may be liable to D for all or part of the claim against it

57
Q

14(a)(2) Third party D must bring

A

(1) defenses against third party P (2) compulsory counterclaims against third party D

58
Q

14(a)(2) third party D may bring..

A

any counterclaim against third party P, any cross claim against another third party D, any defense against P claim, any claim against P arising out of same transaction

59
Q

14(a)(3)

A

P may assert against third party D any claim arising out of transaction (unless destroys diversity jdx)

60
Q

Impleader is always up to ..

A

judicial discretion

61
Q

Factors in favor of impleading

A

efficiency, avoid inconsistent judgments

62
Q

Factors against impleading

A

undue delay, complication of issues, potential prejudice to P

63
Q

Gross is about

A

impleader can be speculative

64
Q

Gross rule

A

When impleading, D does not have to prove the third party would be liable to them if found guilty, just that they may be

65
Q

Gross holding

A

allowed impleader

66
Q

Gross reasoning

A

purpose of 14(a) efficiency, court had discretion and third party claims from same core of facts so better than starting new case

FRCP (18 decks)

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