Exam Prep: Joinder, Counter and Crossclaims Flashcards
What is claim preclusion?
Claims are barred if claim that is part of same transaction or occorunce of the original lawsuit are not raised in that suit.
What is a compulsory counterclaims?
Claims that arise out of STOO must be brought against the other party.
What are permissive counterclaims?
Under broad joinder 18 parties may bring any claim against the other party.
Judge may choose to consider it in a separate case.
What does rule 2 allow?
All claims may be joined in one civil action.
What allows a party to add claims?
Rule 18 + three rings
What allows a party to add parties?
Rule 19 or 20 + three rings
Who has power to join parties?
D’s have limited ability. P is master of complaint and controls who is initially sued.
What allows joinder of parties to a counterclaim?
Rule 13
What is required for permissive joinder?
Parties may join additional P or D if relief related to same transaction or occurrence AND a common question of law or fact
What rule allows joinder of related or unrelated claims?
18
What rules address joinder of parties?
13, 14,19, 20
how do you analyze joinder?
Identify joinder rule authority, check for three rings.
What establishes jurisdiction for counter claims?
The P consents to pj by filing a lawsuit in the forum state, and PJ is waivable.
How can defendant challenge when plaintiff did not join correct parties?
12b7 motion to dismiss for failure to join a necessary party
How does a party address derivative liability?
Via R14, impleader.
Who does impleader join? Under what requirements?
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.
When is impleader most often applied?
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.
When can judge consolidate or separate actions?
Under Rule 13, may consolidate or separate actions if they involve a common question of law or fact.
How is joinder considered in supplemental jurisdiction?
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
When does permissive joinder/supplemental jurisdiction allow a claim under AIC to be joined?
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.
When can a claim under AIC not be joined under supplemental jurisdiction?
Contamination theory: When there is no diversity of citizenship, because it eliminates justification of federal forum. Exxon.
Joinder of Claims Rule
18
Rule 18 text
party may join as many claims, counterclaims, crossclaims, or third-party claims as it has against an opposing party
Permissive Joinder of Parties Rule
20
Who can join via permissive joinder under rule 20? How do they address claims?
Individuals may join together and sue as coplaintiffs or co-defendants.
Claims can be for different forms of relief.
What must claim be to join parties under R20?
Claim must
(1) involve the “same transaction or occurrence (STOO) or series thereof”
and
(2) “raise one common question of law or fact.”
Rules that permit a court to change claims, parties and trials
Rule 21- Misjoinder of parties
R 42 - Consolidation of seperate trials
What happens if a party is misjoined?
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
Consolidation Rule Statement
Court may consolidate trials if an action before the court involve a common question of law or fact.
What is a counterclaim?
A claim defendant makes against plaintiff seeking relief for the plaintiff’s actions.
Allowed by R13.
What is required to file a compulsory counter claim?
13a Same Transaction or Occurrence. Must be made when the first issue is tried, otherwise claim preclusion applies.
What is required to file a permissive counter claim?
13(b): Permissive: Any transaction or Δ’s Counterclaim 2 occurrence.
Who files a compulsory counterclaim?
Defendant against plaintiff seeking relief for the plaintiff’s actions.
Seperation Rule Statement
Court may order a seperate trial of claims, crossclaims and counter claims and in doing so dismiss without prejudice.
Counter claim rule number?
13
Two forms of counterclaims
13(a): Compulsory
13(b): Permissive
What is policy purpose of counterclaims and R13?
efficiency for courts & avoid inconsistent verdicts.
Who can apply issue preclusion?
Either party
Who can use claim preclusion to conclude a suit?
Only P against D
When do you file a counter claim?
Must be made when the first issue is tried, otherwise claim preclusion applies.
When can you file a permissive counterclaim?
Any transaction or after filing a counterclaim related to the original transaction.
13b counterclaims not barred if omitted in original action
Policy reasons for claim preclusion
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).
How do states treat other states claims?
Constitutional rule: “Full Faith & Credit shall be
given in each State to the …judicial Proceedings of every other State.
Rule statement for claim preclusion
Finality to claim precludes every matter in the same transaction
Common law doctrine
Impleader rule number
14
Issue preclusion Rule statement
precludes issues actually decided and those essential to the judgement
Common law doctorine
What are requirements for successful issue preclusion?
Requirements:
Same issue
Litigated and decided
Essential to judgement
Against same party in first parties
What are requirements of claim preclusion?
Requires:
valid final judgement
claim extinguished
includes remedies for P against the defendant
What are exceptions to the compulsory claim?
If claim is in another pending action, if they don’t have full Pj, or if it arises after answer.
When is right to a compulsory counter claim waived?
If not raised in original action, then waived
who seeks relief via a counter claim
defendant seeks their own relief
supplemental jurisdiction and counterclaims
compulsory 13a claims must meet supplemental jurisdiction for related claims
13b permissive counter claims need their own smj analysis
crossclaims definition
Crossclaims are OFFENSIVE claims brought by a party
against a co-party (someone on the same side of the “v”)
Cross claim requirements?
Must arise from same transaction or occurrence
not compulsory/claim preclusion is never an issue
Rule 14 impleader requirements
Plaintiff can assert a claim against a 3rd party defendant arising out of STOO in P’s claims against defendant/third party plaintiff.
