Complex litigation

Question 1

Joinder of claims

Answer 1

A party asserting a claim may join with it as many independent or alternative claims of whatever nature as the party may have against the opposing party.

Question 2

Joinder of claims: nonfederal and federal question claims

Answer 2

A plaintiff may bring nonfederal and federal question claims in the same federal action if:

(1) diversity jurisdiction exists for the nonfederal claim; or
(2) there is a federal question “anchor” claim and the other claim or claims are part of the same case or controversy as the anchor claim.

Question 3

Joinder of claims: third-party claims

Answer 3

A plaintiff may file a third-party claim against a third-party defendant, but the claim must fall under the court’s jurisdiction and relate to the same transaction or occurrence as the original complaint.

Question 4

Joinder of defendants

Answer 4

In order for joinder of defendants to be proper:

(1) There is a common question of law or fact;
(2) Any right to relief must arise out of the same transaction, occurrence, or series of transactions or occurrences;
(3) The relief must be sought from the defendants jointly, severally, or in the alternative.

Question 5

Impleader

Answer 5

To state an impleader claim, a defendant must allege that the third party defendant would be liable to the defendant on the basis of derivative liability—e.g., indemnification or contribution.

Question 6

Impleader: federal statutory

Answer 6

Diversity jurisdiction is met in a statutory interpleader action if:

(1) Any two adverse claimants are citizens of different states;
(2) The amount in controversy is $500 or more.

Nationwide service of process is allowed in a federal statutory impleader action.

In order to file a federal statutory interpleader action, the stakeholder must be willing to either deposit the property at issue with the court or to post a bond in an appropriate amount.

Question 7

Required joinder of parties

Answer 7

A party is considered necessary if the party’s absence would leave the existing parties subject to a substantial risk of multiple or inconsistent obligations.

Question 8

Impleader: timing

Answer 8

A defendant may implead a third party at any time after the complaint has been filed by serving a summons and third-party complaint on the third party.

The defendant (i.e., the third-party plaintiff) may do so without the court’s permission if he files the third-party complaint within 14 days after serving his answer to the plaintiff’s complaint.

Question 9

Cross claims

Answer 9

A cross claim is a claim against a co-party. Thus, a claim in an impleader action by a third-party defendant against a third-party plaintiff would be a counterclaim rather than a cross claim.

A party is never required to assert a cross-claim—i.e., failure to raise a cross claim does not constitute waiver.

Question 10

Required joinder of parties: joint and several liability

Answer 10

Tortfeasors facing joint and several liability are not considered necessary parties.

Question 11

Intervention as of right

Answer 11

Under Rule 24, a nonparty has the right to intervene in an action when given the right by federal statute or when:

(1) the nonparty has an interest in the subject matter of the action;
(2) the disposition of the action may impair or impede the nonparty’s interests; and
(3) the nonparty’s interest is not adequately represented by existing parties.

The burden is on the party seeking to intervene.