Civil Procedure 36-41

Question 1

What is the two-part test (under Twombly and Iqbal) that a Federal Court will apply to determine whether a Complaint is sufficiently well pleaded?

Answer 1

Part 1: The court will disregard any conclusory allegations.

Part 2: Taking all remaining factual allegations as true, they will determine whether the facts as alleged would make it plausible for the party to succeed in obtaining the relief sought.

Priority: Low

Question 2

What must be plead for a well-pleaded Complaint alleging fraud or mistake?

Answer 2

The circumstances constituting fraud or mistake must be alleged with particularity (specific facts must be alleged).

Malice, intent, knowledge, and other conditions of a person’s mind can be alleged generally.

Priority: Low

Question 3

Under the Federal Rules of Civil Procedure, when maymultiple plaintiffs join in one action (Permissive Joinder)?

Answer 3

If:

Joint and several relief is asserted by them OR the claim arises out of the same transaction or occurrence;

A common question of law or fact to all plaintiffs exist; AND

Subject matter jurisdiction exists for each claim.

*The process is similar for multiple defendants.

Priority: Medium

Question 4

How many claims may a party bring against an opposing party?

Answer 4

As many claims as it has, EVEN if they are unrelated or do not have a common nucleus of operative fact.

If the claims are brought in Federal Court: at least one of the claims must satisfy Subject Matter Jurisdiction.

Priority: Low

Question 5

A party MUST be joined in an action if that party is necessary AND joinder is feasible.

When is a party necessary?

Answer 5

A party is necessary if:

The court cannotgrant complete relief without the absent party;

The absent party has an interest in the action that would be impaired or impeded if that person is not joined; OR

The party’s absence would leave an existing party subject to a substantial risk of multiple liability or inconsistent obligations.

Priority: Low

Question 6

A party MUST be joined in an action if that party is necessary AND joinder is feasible.

When is joinder feasible?

Answer 6

When:

Joinder will notremove subject matter jurisdiction; AND

The court has personal jurisdiction over the necessary party.

*If joinder isn’t feasible, the court will consider whether to continue or dismiss the action.

Priority: Low