claim and party joinder

Question 1

four prerequisites of class action

Answer 1

commonality
numerosity
typicality: the named representative must have claims typical of the class
adequate representation of class

Question 2

categories of class actions

Answer 2

• risk of inconsistent individual adjudication
• injunction or declaratory relief applying to the WHOLE CLASS
• common questions of law or fact predominate and class relief is superior to other available methods

Question 3

party joinder devices similar to class actions

Answer 3

• shareholder’s derivative action
• unincorporated associations

Question 4

impleader (third party practice)

Answer 4

• is used by defendants (or plaintiffs defending a counterclaim)
• to bring indemnity or contribution claims against new parties
• the third party defendant must be a nonparty (if already a party, it’s crossclaim)