Federal Jurisdiction and Civil Procedure > 3. Complex Cases (Party joinder)

Question 1

Proper defendants and plaintiffs

As opposed to “necessary” and “indispensable” parties, “proper” parties are the people who ___ be joined.

Answer 1

may

Situation: P is putting the case together and figuring out who the parties should be.

Question 2

Proper defendants and plaintiffs

When may people sue together as co-plaintiffs?

Answer 2

When their claims (1) arise from the same T/O; AND (2) raise at least one common question

NOTE: Don’t forget that, even if a party is proper, the claim needs to be reassessed to see if it still invokes subject matter jurisdiction with the new parties attached.

Question 3

Proper defendants and plaintiffs

When may a plaintiff sue multiple people together as co-defendants?

Answer 3

When their claims (1) arise from the same T/O; AND (2) raise at least one common question

NOTE: Don’t forget that, even if a party is proper, the claim needs to be reassessed to see if it still invokes subject matter jurisdiction with the new parties attached.

Question 4

Necessary and indispensable parties

What is the effect of finding necessary and indispensable parties?

Answer 4

It could force absentees (nonparties) to join in the case

Question 5

Necessary and indispensable parties

A party is necessary (i.e. required) if they are an absentee (A) who meets any of these 3 tests:

Answer 5

a. Without A, the court cannot accord complete relief among existing parties (worried about multiple suits)
b. A’s interest may be harmed if he’s not joined (practical harm to absentee *most popular on exam); or
c. A claims an interest that subjects a party (usually defendant) to a risk of multiple obligations

Question 6

Necessary and indispensable parties

What kind of person is NEVER a necessary party?

Answer 6

A joint tortfeasor

Question 7

Necessary and indispensable parties

Even if an absentee is necessary, in order for him to be brought into the case it still must be determined whether the joinder is feasible. Joinder is feasible if:

Answer 7

(1) there is personal jurisdiction over the absentee; and

(2) joining the absentee will not destroy diversity jurisdiction

Question 8

Necessary and indispensable parties

If an absentee cannot be joined (rarely tested on bar), the court must either:

Answer 8

1) proceed without the absentee; or

2) dismiss the case

Question 9

Necessary and indispensable parties

In deciding whether a court will proceed without the absentee or dismiss the case due to the fact that he cannot be joined, it will consider these factors:

Answer 9

(a) Is there an alternative forum available (maybe some other state court)?
(b) What is the actual likelihood of harm to the absentee?
(c) Can the court shape relief to avoid that harm to the absentee?

Question 10

Necessary and indispensable parties

What happens if the court decides to dismiss rather than to proceed without the absentee?

Answer 10

We call the absentee an “indispensable” party