Civ Pro - Multiple Parties & Claims Flashcards
What is Permissive Joinder under Rule 20?
Permissive Joinder under Rule 20 allows Plaintiffs to join non-parties as Co-Plaintiffs or Co-Defendants to their action
A Co-Plaintiff may refuse to join, once requested by the original Plaintiff
A Co-Defendant cannot refuse to join, if Plaintiff properly joins them under Rule 20
What are the requirements to join another party as a Co-Plaintiff under the Rule 20 Permissive Joinder Rule?
(i) 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
(ii) Any question of law or fact common to all plaintiffs will arise in the action
(iii) The new plaintiff must meet the requirements of Federal SMJ. In other words, the court must have either Federal Question, Diversity, or Supplemental JDX over the new Co-Plaintiff’s claim against the Defendant.
What is the rule for joining defendants under Rule 20 Permissive Joinder?
If claims against the new defendant are based solely on Diversity JDX, then the claims need to satisfy both the AIC requirement and the Complete Diversity of Citizenship requirement.
The court cannot achieve supplemental jurisdiction over the new claims against the new defendant when the case is one based on diversity and the diversity requirements are not met (i.e., AIC and complete diversity of citizenship)
In short, if P is adding D’s in a diversity case, the new D’s must meet both diversity requirements.
What is the rule for joining other plaintiff’s under Rule 20 for Permissive Joinder?
Here, supplemental jurisdiction can allow a court to achieve SMJ over a case with multiple plaintiffs.
If the original Plaintiff has proper SMJ via diversity, then the new plaintiff can present a claim less than the AIC amount so long as they do not destroy complete diversity of citizenship. The court will have supplemental JDX over this new claim.
Take-away: Unlike adding defendant’s under Rule 20 Permissive Joinder, adding Plaintiffs can be easier. Just need complete diversity of citizenship to gain supplemental.
What is Rule 19?
The rule for Compulsory Joinder.
Breaks down into two categories of parties to be joined.
1. Necessary Parties: those parties that meet 6 basic requirements. These parties must be joined in the action.
2. Indispensable Parties: These are necessary parties to the action but the court has a jurisdictional or venue issue with joining. The court then has to analyze 4 factors to determine whether continuing the action or dismissing the action is proper.
What are the 3 elements to determine whether a party is a Necessary Party to an action under Rule 19?
Under Rule 19(a) a party must be joined to an action when…
(i) Complete relief cannot be provided to existing parties w/o this person
(ii) W/O this person, resolving the case may impair the person’s ability to protect their interests
(iii) W/O this person the existing parties are subject to a substantial risk of multiple or inconsistent obligations.
Note: multiple tortfeasors are not parties who must be joined under Rule 19
What is intervention?
Intervention occurs when a non party wants to join a lawsuit.
There are two types of intervention.
(i) Intervention as of right
(ii) Permissive Intervention
Under Rule 19, for a party to be joined as necessary, what are the 3 basic jurisdictional elements that the courts must have to join the party?
(i) The person is subject to service of process
(ii) Joinder will not destroy SMJ for the court
(iii) Venue is proper
When a court has a jurisdiction or venue issue with joining a necessary party, what are the 4 factors the court will analyze when deciding whether to continue the action or dismiss it?
(i) Prejudice of Everyone: The extent to which judgment rendered in the person’s absence might prejudice that person or the existing parties
(ii) Mitigating Prejudice: The extent to which any prejudice could be reduced or avoided by protective provisions in the judgment, shaping relief, or other measures
(iii) Adequacy: Whether judgment rendered in the person’s absence would be adequate
(iv) Alternative Venue for Relief: Whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder
If a court dismisses the action after analyzing these factors, then the party is said to be “indespensible”
What are the requirements for intervention as of right?
Under Rule 24(a)(1) Intervention as of Right occurs when:
(i) A federal statute confers the right
(ii) Nonparty timely moves to intervene
(iii) The nonparty has an interest in the property or transaction that is the subject matter of the action
(iv) The disposition of the action may, as a practical matter, impair the nonparty’s interest; and
(v) The nonparty’s interest is not adequately represented by existing parties
What are the requirements of Permissive Intervention?
(i) The non-party makes a timely motion to intervene
(ii) The movant has a conditional right to intervene under a federal statute
(iii) The movant’s claim or defense and the original action share a common question of law or fact
Note: the court will consider whether intervention prejudices the rights of the parties or causes undue delay
What is an Interpleader action?
An Interpleader allows a person holding property to force all potential claimants to the property into a single lawsuit to determine who has a right to the property.
What are the factors the court may evaluate when deciding on whether a non-party’s motion to intervene is timely when the party is trying to Intervene?
(i) Length of time the movant knew or reasonably should have known that its interest was threatened before moving to intervene
(ii) The prejudice to existing parties if intervention is permitted; and
(iii) The prejudice to the movant if intervention is denied
Does supplemental jurisdiction apply to an intervenor’s claims when a case arises from diversity jurisdiction?
No.
The intervenor must have independent SMJ. If the intervenor is using diversity to get into court then he must have complete diversity and meet the AIC requirement.
What is required for a Basic Federal Interpleader action?
The propriety of an interpleader action under Rule 22 is whether the party bringing the action legitimately fears multiple claims against the property
The claims from the interplead defendants may be inconsistent, adverse, from different origins.
