Complex Litigation Flashcards
Removal
Defense can remove from state to federal court as long as SMJ and PJ is met
If multiple defendants all must agree
Joinder of claims (rule 18)
May join as many claims against an opposing party (claims, cross claims, counter claims)
Contingent claims - dependent on the outcome of another claim
Res Judicata
Common law
May be bared from bringing two different claims one after another
Should be brought at the same time
Standard
- valid judgement in venue 1
- same parties
- same claims (same transaction or occurrence, overlap of core facts and circumstances)
Counterclaims (rule 13)
Permissive
Compulsory
Permissive counterclaims
May be brought at any time
Compulsory counterclaims
Must be brought if it arises out of the same transaction or occurrence and does not add another party
Joinder of parties
Rule 19 = required
Rule 20 = permissive
Rule 20 Permissive
Plaintiffs and defendants
- arise out of the same transaction or occurrence
- common questions of fact
Required (rule 19)
Complete relief is not found if a party is not joined
Substantial risk of multiple inconsistent obligations
19(b)
If a party is necessary but Joinder is not feasible court can dismiss the case
Factors for feasibility
Cannot find
No longer exists
No PJ
No SMJ
Impleader (rule 14)
Defense may bring in a 3rd non-party who may be liable for all or part of the original claim
Must get the leave of the court if more than 14 days after filing the original answer
Class actions (rule 23)
B1 = limited pot monetary relief
B2 = injunctive relief
B3 = money damages
4 part test for class actions
Joinder of members is impractical (numerosity)
Common questions of law and fact (commonality)
Claims are typical of the class
Representative parties (including attorneys) will adequately protect the interests of the class
Settlements in class actions
Must be approved by the judge
