Exam Prep: Joinder, Counter and Crossclaims

Question 1

What is claim preclusion?

Answer 1

Claims are barred if claim that is part of same transaction or occorunce of the original lawsuit are not raised in that suit.

Question 2

What is a compulsory counterclaims?

Answer 2

Claims that arise out of STOO must be brought against the other party.

Question 3

What are permissive counterclaims?

Answer 3

Under broad joinder 18 parties may bring any claim against the other party.

Judge may choose to consider it in a separate case.

Question 4

What does rule 2 allow?

Answer 4

All claims may be joined in one civil action.

Question 5

What allows a party to add claims?

Answer 5

Rule 18 + three rings

Question 6

What allows a party to add parties?

Answer 6

Rule 19 or 20 + three rings

Question 7

Who has power to join parties?

Answer 7

D’s have limited ability. P is master of complaint and controls who is initially sued.

Question 8

What allows joinder of parties to a counterclaim?

Answer 8

Rule 13

Question 9

What is required for permissive joinder?

Answer 9

Parties may join additional P or D if relief related to same transaction or occurrence AND a common question of law or fact

Question 10

What rule allows joinder of related or unrelated claims?

Answer 10

18

Question 11

What rules address joinder of parties?

Answer 11

13, 14,19, 20

Question 12

how do you analyze joinder?

Answer 12

Identify joinder rule authority, check for three rings.

Question 13

What establishes jurisdiction for counter claims?

Answer 13

The P consents to pj by filing a lawsuit in the forum state, and PJ is waivable.

Question 14

How can defendant challenge when plaintiff did not join correct parties?

Answer 14

12b7 motion to dismiss for failure to join a necessary party

Question 15

How does a party address derivative liability?

Answer 15

Via R14, impleader.

Question 16

Who does impleader join? Under what requirements?

Answer 16

A defendant may join a claim against a non party who is liable to defendant for all or part of the plaintiff’s claim against defendant.

SMJ is required for third party claim.

Question 17

When is impleader most often applied?

Answer 17

When the third party is liable to the original defendant through contribution by indemnification or acting as a joint tortfeasor. SMJ is required for third party claim.

Question 18

When can judge consolidate or separate actions?

Answer 18

Under Rule 13, may consolidate or separate actions if they involve a common question of law or fact.

Question 19

How is joinder considered in supplemental jurisdiction?

Answer 19

In cases where the original claim came to the court under diversity, 1367b filters

parties joined under Rule 14, 19, 20, or 24 or

claims from parties under R19 or 24

Question 20

When does permissive joinder/supplemental jurisdiction allow a claim under AIC to be joined?

Answer 20

Exxon: It is ok to add smaller claims as long as original claim meets AIC. Parties can be joined even if AIC rationale not met, bc AIC comes from statute to avoid flooding courts with minor disputes.

Question 21

When can a claim under AIC not be joined under supplemental jurisdiction?

Answer 21

Contamination theory: When there is no diversity of citizenship, because it eliminates justification of federal forum. Exxon.

Question 22

Joinder of Claims Rule

Answer 22

18

Question 23

Rule 18 text

Answer 23

party may join as many claims, counterclaims, crossclaims, or third-party claims as it has against an opposing party

Question 24

Permissive Joinder of Parties Rule

Answer 24

20

Question 25

Who can join via permissive joinder under rule 20? How do they address claims?

Answer 25

Individuals may join together and sue as coplaintiffs or co-defendants.

Claims can be for different forms of relief.

Question 26

What must claim be to join parties under R20?

Answer 26

Claim must
(1) involve the “same transaction or occurrence (STOO) or series thereof”

and

(2) “raise one common question of law or fact.”

Question 27

Rules that permit a court to change claims, parties and trials

Answer 27

Rule 21- Misjoinder of parties

R 42 - Consolidation of seperate trials

Question 28

What happens if a party is misjoined?

Answer 28

Misjoined parties are not a ground for dismissing an action.

The court can:
add or drop a party
or
sever a claim against a party at any time.
R21

Question 29

Consolidation Rule Statement

Answer 29

Court may consolidate trials if an action before the court involve a common question of law or fact.

Question 30

What is a counterclaim?

Answer 30

A claim defendant makes against plaintiff seeking relief for the plaintiff’s actions.

Allowed by R13.

Question 31

What is required to file a compulsory counter claim?

Answer 31

13a Same Transaction or Occurrence. Must be made when the first issue is tried, otherwise claim preclusion applies.

Question 32

What is required to file a permissive counter claim?

Answer 32

13(b): Permissive: Any transaction or Δ’s Counterclaim 2 occurrence.

Question 33

Who files a compulsory counterclaim?

Answer 33

Defendant against plaintiff seeking relief for the plaintiff’s actions.

Question 34

Seperation Rule Statement

Answer 34

Court may order a seperate trial of claims, crossclaims and counter claims and in doing so dismiss without prejudice.

Question 35

Counter claim rule number?

Answer 35

13

Question 36

Two forms of counterclaims

Answer 36

13(a): Compulsory

13(b): Permissive

Question 37

What is policy purpose of counterclaims and R13?

Answer 37

efficiency for courts & avoid inconsistent verdicts.

Question 38

Who can apply issue preclusion?

Answer 38

Either party

Question 39

Who can use claim preclusion to conclude a suit?

Answer 39

Only P against D

Question 40

When do you file a counter claim?

Answer 40

Must be made when the first issue is tried, otherwise claim preclusion applies.

Question 41

When can you file a permissive counterclaim?

Answer 41

Any transaction or after filing a counterclaim related to the original transaction.

13b counterclaims not barred if omitted in original action

Question 42

Policy reasons for claim preclusion

Answer 42

Goals
1) relieve parties of cost and vexation of multiple lawsuits;
2) conserve judicial resources (efficiency); and
3) prevent inconsistent decisions to encourage reliance on adjudication (finality & repose).

Question 43

How do states treat other states claims?

Answer 43

Constitutional rule: “Full Faith & Credit shall be
given in each State to the …judicial Proceedings of every other State.

Question 44

Rule statement for claim preclusion

Answer 44

Finality to claim precludes every matter in the same transaction

Common law doctrine

Question 45

Impleader rule number

Answer 45

14

Question 46

Issue preclusion Rule statement

Answer 46

precludes issues actually decided and those essential to the judgement

Common law doctorine

Question 47

What are requirements for successful issue preclusion?

Answer 47

Requirements:
Same issue
Litigated and decided
Essential to judgement
Against same party in first parties

Question 48

What are requirements of claim preclusion?

Answer 48

Requires:
valid final judgement
claim extinguished
includes remedies for P against the defendant

Question 49

What are exceptions to the compulsory claim?

Answer 49

If claim is in another pending action, if they don’t have full Pj, or if it arises after answer.

Question 50

When is right to a compulsory counter claim waived?

Answer 50

If not raised in original action, then waived

Question 51

who seeks relief via a counter claim

Answer 51

defendant seeks their own relief

Question 52

supplemental jurisdiction and counterclaims

Answer 52

compulsory 13a claims must meet supplemental jurisdiction for related claims

13b permissive counter claims need their own smj analysis

Question 53

crossclaims definition

Answer 53

Crossclaims are OFFENSIVE claims brought by a party
against a co-party (someone on the same side of the “v”)

Question 54

Cross claim requirements?

Answer 54

Must arise from same transaction or occurrence

not compulsory/claim preclusion is never an issue

Question 55

Rule 14 impleader requirements

Answer 55

Plaintiff can assert a claim against a 3rd party defendant arising out of STOO in P’s claims against defendant/third party plaintiff.