Chapter 7: Joinder of Claims and Parties Flashcards
When Joinder is Not Feasible (“Parties are “Indispensable”)
FRCP 19(b)
Rule 19(b) “If a person who is required to be joined” - You have already determined that the party is required, and you have made that assessment. There are two choices:
1.
2.
- proceed among the existing parties or
- should be dismissed
Analysis Under Rule 19(b)
The court has already determined that a party or parties who are “__________” under Rule 19(a) cannot be joined due to the limitations of SMJ (adding them would destroy diversity) or venue, or due to a lack of PJ over the absent party.
necessary
__________ helps determine whether the court should proceed with the suit in its piecemeal form or instead dismiss it in the expectation that there is another forum where joinder of necessary parties could be achieved.
Rule 19(b)
The four factors listed in Rule 19(b) are not totally exclusive of the factors in Rule 19(a), and there is some overlap among them. True or False.
True
____________ action is when you don’t know who has a right to a property.
Interpleader
____________ ____________ meaning that you cannot sue me unless I give you permission.
sovereign immunity
Under Rule 19(b) determine ________ first and then ____________.
necessary
indispensable
Are they ___________? Are they _________? If they are _____________ the question is: can you proceed without them or must you dismiss it?
necessary
Indispensable
indispensable
The potential consequence of failing to join a necessary and Indispensable Party is _________ of the _________. This is a harsh remedy, but only if there really is no adequate alternative remedy or forum.
dismissal of the suit
Note that ______________ instruct the court to make its dismissal determination “in equity and good conscience.” Courts are not likely to favor dismissal when there is no alternate forum unless the interest being protected is particularly stoning.
Rule 19(b)
What is intervention?
Injecting yourself into a case
Of right
you have to let me in the case
permissive
you can let me in the case
you have to let me in the case
of right
you can let me in the case
permissive
FRCP 24(a) refers to what?
legal interest
2 kinds of intervention
1.
2.
- of right - the court MUST
- permissive - the court MAY
Rule 24(b). In general. On TIMELY motion. Timeliness is not fixed. Rather it is evaluated under ____ factors.
4 factors
In general. On TIMELY motion. Timeliness is not fixed. Rather it is evaluated under 4 factors. What rule?
Rule 24(b)
Timeliness is not fixed. Rather it is evaluated under four factors:
1. The length of time during which the would-be inventor actually knew or reasonably should have known of its
Factor 1 Rule 24(b)
Timeliness is not fixed. Rather it is evaluated under four factors:
2. The extent of the prejudice that the existing party to the litigation may suffer as a result of the would-be intervenor’s failure to apply for intervention as soon as it actually knew or reasonably should have known of its interest in the action;
Factor 2 Rule 24(b)
Timeliness is not fixed. Rather it is evaluated under four factors:
3. The extent of the prejudice that the would-be intervenor may suffer if its petition for leave to intervene is denied; and
Factor 3 Rule 24(b)
Timeliness is not fixed. Rather it is evaluated under four factors:
4. The existence of unusual circumstances militating either for or against a determination that the application is timely.
Factor 4 Rule 24(b)
DO NOT confuse interpleader with impleader!
okay
What is interpleader?
When someone who holds property seeks court intervention to determine the rightful owner.Wh
When someone who holds property seeks court intervention to determine the rightful owner.
Interpleader
