CIVIL PROCEDURE FEDERAL

Question 1

Claim Preclusion (Res Judicata)

Answer 1

(i) a valid, finial judgment on the merits was entered in the first case; (ii) the cases were brought by the same claimant against the same defendant and (iii) the same COA is involved in the later lawsuit. For an installment K - sue on all installments due at the time and if acceleration clause, sue on all installments

Question 2

Intervention as a Matter of Right

Answer 2

1. When it has an unconditional right to do so by a federal statute
2. May intervene if (i) it has an interest in the property or transaction that is the subject matter of the action (ii) the disposition or resolution of the action may as a practical matter impair the nonparty’s ability to protect its interest and (iii) the nonparty’s interest is not adequately protected by an existing party in the action.

Question 3

Must a permissive counterclaim satisfy the amount in controversy for diversity jurisdiction

Answer 3

Yes

Question 4

Is a joint tortfeasor subject to joint and several liability an indispensable party?

Answer 4

Sup Ct has rule no, they are not needed for just adjudication