Impleaders & Class Actions

Question 1

Rule 14

Implead Party Actions

Answer 1

MUST assert defenses against it or any compulsory counterclaims or crossclaims
MAY assert defenses it believes the original defendant has to the claims against it
MAY assert permissive counterclaims or claims against PL from same transaction or occurrence
MAY implead another non-party

Question 2

Rule 14

PL can

Answer 2

MAY assert claims against implead party from same transaction or occurrence
MAY implead another third party for claims raised against PL

Question 3

Rule 14

Anyone can

Answer 3

Motion to strike or sever a party or claim

Question 4

Rule 14

define

Answer 4

Impleader

Question 5

Rule 23

Define

Answer 5

Class Actions

Question 6

Rule 23(a)

Answer 6

Prerequisites:
Numerosity: too many or too complex for joinder
Commonality: common questions of law or fact
Typicality: Claim of class representative substantially similar to class
Adequacy: class representative can fairly and adequately represent
looks to attorney experience and competence

Question 7

Rule 23(b)

define

Answer 7

3 types of classes:
Anti-prejudice
Injunctive
Damages

Question 8

Rule 23(b)(1)

Answer 8

Anti-Prejudice Class
when insufficient relief to plaintiffs without creating class
like limited funds
when could get contradictory relief without class
problem: good chance prejudice to defendants

Question 9

Rule 23(b)(2)

Answer 9

Injunction Class

usually for civil rights actions where one common type of act for all plaintiffs (prisoner treatment)
does not work well for damages

Question 10

23(b)(3)

Answer 10

Damages/Catch-All Class

REQUIRES:
Predominant (common) questions of law
Superior (best) way to get relief for plaintiffs

PROBLEMS:
fail to form if causation too different between plaintiffs
fail if problem to disparate or complex
not for product liability

GOOD FOR:
geography (plaintiffs spread over wide area)
efficiency
many plaintiffs makes joinder impossible

Question 11

23(c)(2)

Answer 11

Notifying the Class

for (b)(1)-(2) classes: court MAY require notice, but locating members usually too high to do individually, maybe by mass mail or tv

for (b)(3) classes: class representative must pay costs to notify class

Question 12

Rule 14

Timing

Answer 12

Any party defending a claim may serve summons on a non-party that is liable to it for all or part of the claim against it within 14 days of filing its Answer

Outside 14 days, must get court permission

Can’t be used to make PL sue someone they didn’t intend to sue