Complex Cases: Joining Parties

Question 1

Proper Parties

Answer 1

May be joined if claims:

1) arise from the same T/O

AND

2) Raise at least one common question

Then check if SMJ is proper

Question 2

NEcessary and INdispendable Parties

Answer 2

• some must be forced to join case

Question 3

Who’s necessary

Answer 3

• An absentee (A) who meets any of these tests:
  
  • (1) Without A, the court cannot accord complete relief among existing parties (worried about multiple suits);
  • (2) A’s interest may be harmed if he is not joined (practical harm); or
  • (3) A claims an interest which subjects a party (usually D) to multiple obligations.
• Joint tortfeasors are never necessary
• Also must check to see if joining is feasible (e.g. it own’t msess up jrusidciton)

Question 4

What to do if there is necessary party who can’t be joined

Answer 4

Can choose to rpoceed without him or dismiss case

Will take into consideration

• (a) Is there an alternative forum available (maybe a state court)?
• (b) What is the actual likelihood of harm to Bob?
• (c) Can the court shape relief to avoid that potential harm to Bob?

Question 5

Impleader

Answer 5

• TPD may be liable to D for P’s claim against D.
• Indemnity or Contribution
• a right to implead within 14 days after serving answer; after that, need court OK.
• File third-party complaint naming Insco as TPD; and
  b. Serve process on the TPD.
• Must check that meets joinder standards and SMJ

Question 6

Intervention

Answer 6

• Absentee wants to join a pending suit. She chooses to come in either as plaintiff or as a defendant. The court may realign her if it thinks she came in on the “wrong” side. Application to intervene must be “timely.”

Question 7

INtervention of Right

Answer 7

A’s interest may be harmed if she is not joined and her interest is not adequately represented now.

Question 8

Permissive Intervention

Question 9

Interpleader

Answer 9

One holding property force all potential claiminats into single suit to avoid multipe litigation and inconsistence lawsuit to avoid multiple litigation and inconsistency.

• • Person with property is called the stakeholder.
• • Folks who want it are called the claimants.

Question 10

Types of INterpleader

Answer 10

here are two types of interpleader in federal court: “rule” (FRCP 22) and “statutory.” In each, the stakeholder is not sure who really owns the property (maybe she thinks she does) and wants to avoid multiple liability or suits. The types have different standards for diversity of citizenship, amount in controversy, venue, and service of process. In each, the court can enjoin claimants from suing elsewhere. Remember: rule interpleader is a regular diversity case.
– To determine diversity of citizenship:
– Under rule interpleader: stakeholder must be diverse from every
claimant.
– Under statutory interpleader: one claimant must be diverse from one
other claimant (don’t care about stakeholder’s citizenship).
– Amount in controversy: Under the Rule, must exceed $75,000. Under the statute, $500 or more.
– Service of process: Under the Rule, treated as a regular lawsuit. Under the statute, nationwide service (so no personal jurisdiction problems over claimants in U.S.).
– Venue: Rule, like a regular case. Statute, district where any claimant resides.

Question 11

Requirements for Class Action

Answer 11

• Nuemoristy
• Commonality
• Typicality
• Represenative is adequate

Question 12

Case must fit within three types

Answer 12

• Prejudice” – class treatment necessary to avoid harm either to class members or to party opposing class. An example is many claimants to a fund. Individual suits might deplete the fund, leaving some without remedy.–RARE
• injunction or declaratory judgment (not damages) sought because class was treated alike by other party E.g. Employment discrim
• “Damages” – (1) common questions predominate over individual questions; AND (2) class action is the superior method to handle the dispute. Mass tort–most used

Question 13

If certified

Answer 13

court must grant motion to certify and define class and claims issues or defenses

appoint class counsel

Question 14

Notice to calss

Answer 14

type 3 must notify all members that a reaonbly identifable. Tells them they can opt out, they’re bound if they dont; they can enter a separate appearance

Uncessarry in type 1 or 2

Question 15

Who is bound

Answer 15

all excpet those who opt out in class 3

Question 16

Settle or dismiss

Answer 16

must have court approval and give notice to class

Question 17

SMJ in CA

Answer 17

representative must be diverse from defendant. Their indivdiaul claim must exceed 75 K even if other p not diverse

Question 18

CAFA