Interpleader Flashcards
what is an interpleader suit?
it is brought by a person in the position of a stakeholder to require adverse claimants to determine which has the valid claim to the stake. applies if two actions might result in double liability against the stake holder.
what does a rule 22 interpleader require?
1) complete diversity between the stakeholder and all adverse claimants and in excess of 75k in issue
2) a federal question claim
what does a section 1335 interpleader action require?
1) diversity between any two contending claimants
and $500 be in issue.
Is intervention as of right or permissive?
It is both
When is intervention as of right available?
1) the applicant claims an interest in the property or transaction that is the subject matter of the action
2) the disposition of the action without him may impair his ability to protect that interest
3) the current parties do not adequately present the inventor’s rights