Joinder

Question 1

Joinder of claims

Answer 1

Rule 18 says a PLN can bring all claims against a DFT in one lawsuit regardless of relatedness. Not required, but permitted. RELATED claims are required, or else they get precluded.

Remember: EVERY claim needs its own independent basis for SMJ!

Question 2

Counterclaims - two types

Answer 2

Rule 13

Permissive counterclaims: do NOT arise out of same transaction/occurrence. May file, but not required

Compulsory counterclaims: same transaction/occurrence. MUST file or forfeit the claim

Question 3

Cross-claims

Answer 3

Filed by a party against a co-party
To start, ONLY allowed if it arises from the same transaction or occurrence underlying a PLN’s claim
ONCE a related cross is filed, rule 18 kicks in, and now unrelated cross-claims are permissible. Co-defendants can counterclaim the cross - compulsory/permissive rules then apply as normal to counterclaims

Question 4

Impleader claims

Answer 4

Rule 14

DFT brings a claim against a person not already a party. MUST allege that third party is responsible for some or all of the liability.

Right to implead if within 14 days of serving their answer, otherwise need permission.

After being impleaded, 3rd party can bring their own claims against others, even more impleaders. Original PLN can also file a claim against 3rd party IF RELATED.

Question 5

Permissive joinder of parties

Answer 5

Multiple PLNs may join one suit or multiple DFTs can be sued in one suit as long as -

• PLNs claim relief or DFTs face liability that arises out of same transaction or occurrence, AND
• the action will address questions of law or fact common to joined parties

Question 6

Mandatory joinder of parties (rule 19)

Answer 6

Step 1: is party necessary?
- necessary means has an interest that might be impaired if left out, complete relief impossible without them, or current parties would suffer incomplete/duplicative liability
Step 2: can they be joined? If yes, do it
- can’t if missing PJ over party, or would destroy SMJ diversity
Step 3: if not, are they INDPISPENSABLE? If so, dismiss. If not, go ahead without them
- consider: extent of prejudice, if prejudice can be lessened by shaping relief, and if PLN can find relief elsewhere if dismissed

Question 7

Are potentially joint tortfeasors necessary parties?

Answer 7

NO, never, by rule

Question 8

Class actions

Answer 8

Rule 23
Representative can litigate on behalf of a group if:
- class can be formed, and
- action is proper for resolution via class action

Question 9

Class formation: 4 elements

Answer 9

Numerosity: joinder impracticable due to number
Commonality: questions of law/fact are common to the class
Typicality: claims are typical of class members, so rep has incentive to protect class interests
Representativeness: rep (and attorney) will fairly and adequately protect class's interests

Question 10

Commonality vs typicality

Answer 10

Commonality is about type of underlying claim
Typicality is about similar situation

E.g. 100 people injured in bus crash. 99 have one broken bone, last one critically injured. Last one is common (b/c all injured by same mechanism) but not typical (because severity of injury much different)

Question 11

Properness for class action resolution

Answer 11

• separate actions would create risk of inconsistent judgments or judgments would impair nonparties’ interests
  e. g. two groups sue to force bridge construction in other’s area. if both win, bridge impossible
• opposing party has acted in ways generally applicable to the class (not likely to work for damages cases)
  e. g. inmates bring constitutional claim
• court finds common questions of law or fact predominate over individualized questions, and class action superior to other methods for fair/efficient reasons

Additional considerations:
court needs PJ over every DFT and over named PLN
judgment binds all class members who don’t opt out
SMJ - class can only appear if all DFTs and reps are completely diverse
If class has 100+ members and seeks damages over $5M, diversity satisfied if ANY member diverse from ANY DFT
Jx established through initial filing or through removal. If large class as above, removal can be made by home state DFT, even without agreement of other DFTs

Question 12

Interpleader

Answer 12

Rule 22
Have the other 2 guys sue each other. Used when a party fears it will face multiple/inconsistent liabilities

e.g. two exes of decedent both claim insurance benefit. insurer can interplead the two to have them sue each other - otherwise, loser will sue insurer

Question 13

Intervention - 2 types

Answer 13

Non party has interest but was not joined
Intervention of right: MUST be allowed to intervene (if timely) if
- party has interest relating to subject matter AND
- without intervention, risk they might not be able to defend that interest

Permissive intervention: court MAY allow if
- intervener’s claim/defense shares common question of law or fact