CPLR: Parties and Claims

Question 1

Parties may be joined to an action when

Answer 1

there is a common question of law or fact, AND they are asserting either a right to relief jointly or severally with the existing parties

Question 2

Necessary Joinder

Answer 2

this doctrine allows defendants to force plaintiffs to join a party or to have the case dismissed. A party is necessary if complete relief cannot be accorded without joining them, OR if the party might be inequitably affected by a judgment in the action.

Question 3

Interpleader

Answer 3

where a plaintiff or defendant has some holding that would expose the plaintiff to multiple liability from adverse claims. the stakeholder claims that he is not liable to any of the claimants and where he admits that he is liable to someone, but is not sure to whom. this allows the plaintiff to start litigation that leads to a claim of the property.

Question 4

Impleader

Answer 4

after a D has served the answer, that D may proceed against a non-party who may be liable for all or part of the plaintiff’s claim against the defendant

Question 5

Intervention

Answer 5

any non-party is allowed to intervene in ongoing litigation if there is a state statue that confers a right to intervene, or if the non-party would be bound by the outcome of the action (also, a non-party may interfere with permission of the court if there is a common question of law or fact).

Question 6

What are the requirements of a class action

Answer 6

the representative party may maintain a suit on behalf of a class if the class meets the following requirements: (SCANT)

(1) a class action is the Superior method in providing a fair adjudication;
(2) the Common questions of law or fact predominate over individual issues;
(3) members of the class are fairly and Adequately represented;
(4) the class is too Numerous for joinder alone;
(5) the claims/defenses of the rep are Typical of the class’

Question 7

Joinder of Claims

Answer 7

generally, any plaintiff may join as many claims in one complaint as he has against an adverse party.

Question 8

Consolidation

Answer 8

a court can join separate cases in the following cases:

any actions pending in court of lower jurisdiction and any court may consolidate to avoid unnecessary cost or delay.

Question 9

Severance

Answer 9

in order to avoid prejudice or for the sake of convenience, any court may sever claims or issues by ordering a separate trial of those claims