III. Multiparty Cases

Question 1

3 People Injured. May they sue together as Co-πs?

Answer 1

Yes b/c their claims:
-Arise from the same T/O
AND
-Raise at least 1 Common Q.

Question 2

Necessary & Indispensable Parties

Answer 2

Why would a court force a non-party (absentee) to join the case?
-b/c the non-party is NECESSARY

Necessary (An absentee who meets ANY of these tests):

• W/out A, court cannot accord complete relief among existing parties OR
• A’s interest may be harmed if he is not joined OR
• A claims an interest that subjects a party (usually ∆) to risk of multiple obligations

Question 3

Hint w/Joinder Rules

Answer 3

“C” = Crossclaim & Counterclaim
–> Claims between EXISTING PARTIES

“I” = Impleader & Intervention
–> Claims involving SOMEONE NEW TO THE CASE

Question 4

Impleader (3-party practice)

Answer 4

∆ is bringing in someone new. New party is TPD.
-Usually for indemnity (TPD has to cover full claim) or contribution (TPD has to cover a pro-rata portion of the claim)

Steps:

• ∆ files a 3rd Party complaint naming the TPD AND
• Serves process on the TPD (must have PJ over)
  
  • Right to implead w/in 14 days of your answer. After, need court permission.

-Arrow can go back & forth between π & TPD if T/O underlying case

BUT remember –> SMJ for EACH CLAIM separately

• Diversity
• FQ
• If neither then Supplemental (remember is it π? asserting)

Question 5

Intervention

Answer 5

Non-party brings herself into the case.
Chooses to come in either as π (to assert a claim) or ∆ (to defend a claim)

Intervention of right and also permissive

REMEMBER SMJ for each claim (Diversity, FQ, Supplemental)

Question 6

Class Action

Answer 6

Rep sues on behalf of group. 
Initial Req.
  -Numerosity 
  -Commonality 
  -Typicality 
  -Rep Adequate

Case MUST fit w/in one of 3 types:

(1) Prejudice
(2) Class seeks injunction or declaratory judgment b/c ∆ treated the class alike
(3) Damages (common Bar Q.)
- Big thing is NOTICE = Can opt out, they’ll be bound if they don’t, they can enter a separate appearance thru counsel

All members are bound by the judgment except those who opt out of a Type 3.

SMJ issue: As long as the Rep is diverse from ALL ∆s AND as long as the rep’s claim exceeds 75K, class action will invoke diversity