Joinder

Question 1

Joinder must have two basic things:

Answer 1

Accepted by the FRCP
and
SMJ over the case

Question 2

You can join multiple Ps or Ds if the claims ____ and ____.

Answer 2

Arise from the same T/O

Raise at least one common question of law or fact

Question 3

Three options for why a nonparty may be necessary:

Answer 3

Without them, the court cannot afford complete relief among existing parties,

Absentee’s interest may be harmed if she’s not joined,

Absentee claims an interest that subject a party to a risk of multiple obligations

Question 4

If absentee is found necessary, court will then see if joinder is ____, which requires:

Answer 4

Feasible

PJ over the absentee and federal SMJ over claim by or against absentee

Question 5

If absentee can’t be joined, what happens:

Answer 5

Proceed w/o absentee or dismiss entire case

Question 6

Can case proceed w/o absentee? Court will consider whether: (3)

Answer 6

Alternative forum is available
Actual harm to absentee is likely
It can shape relief to avoid harm to absentee

Question 7

Counterclaim is:

Response required w/in ____ of service.

Answer 7

A claim back against the complaining party

21 days of service

Question 8

Compulsory counterclaim arises from the same ___ as the plaintiff’s case. D must ___ it or she ____ it.

Answer 8

T/O

Use it or lose it

Question 9

If D got the case dismissed and never had to answer, does she waive a compulsory counterclaim?

Answer 9

No, because no answer

Question 10

Permissive counterclaim does not ___ and failing to raise it in an answer does not ___.

Keep in mind that there must still be ____.

Answer 10

Arise from the same T/O; waive the claim in a future case

SMJ

Question 11

Crossclaim is against a ____ and must ___. It is [compulsory/permissive].

Answer 11

Coparty
Arise from the same T/O

Permissive

Question 12

Impleader involves:

Answer 12

Bringing in a new party. Defending party does this, and the new person is the third party defendant. Party bringing the impleader claim is now the third party plaintiff

Question 13

Impleader is used to shift ____.

Answer 13

To the TPD D’s liability to the plaintiff

Question 14

Difference between indemnity and contribution?

Answer 14

Indemnity shifts liability completely while contribution shifts liability pro-rata

Question 15

Impleader claims are always [compulsory/permissive].

Answer 15

Permissive

Question 16

To implead, D must ___ and____ within ___ of serving the answer.

Answer 16

File a third party complaint naming the TPD; have the complaint formally served

14 days

Question 17

Intervention of right is when ___.

Answer 17

The absentee’s interest may be harmed if she is not joined and that interest is not adequately represented by current parties (basically, a “necessary” party)

Question 18

If absentee’s claim or defense has at least one common question of law or fact with the pending case, intervention is ____ and ___. Allowed unless it would ____.

Answer 18

Permissive; discretionary with the court

Cause delay or prejudice with someone

Question 19

Interpleader— permits a person to require two or more ____ to litigate among themselves to determine which (if any) has a valid claim to it.

Answer 19

Adverse claimants

Question 20

Four initial requirements for class action:

Answer 20

Numerosity (too many class members for practicable joinder)
Commonality (issue in common)
Typicality (the rep’s claim is typical of the class’s claim)
Representative is a fair and adequate rep

Question 21

After satisfying one of the four initial reqs for class action, the case must fall into one of these three categories:

Answer 21

Prejudice (class treatment is necessary to avoid harm/prejudice to class members or a non-class party

Injunctive/declaratory relief

Common question (common q’s must predominate over individual q’s and the class action is a superior method to handle the dispute) (often, mass torts)

Question 22

Certification of a class action by the court involves:

Answer 22

Court defines class, claims, issues, defenses 
Court appoints counsel to fairly and adequately represent interests of class
Certification is immediately appealable

Question 23

In type 3 class action (common question), individual notice must go to class members, paid for by ____, including:

Answer 23

The rep

Notice that you can opt out, will be bound by judgment if you don’t opt out, and can enter separate appearance through counsel

Question 24

No right to opt out of these kinds of class actions:

Answer 24

Type 1 and 2. Can opt out of 3

Question 25

For diversity cases, only the citizenship of the ___ will be considered, whose claim must also exceed ___.

Answer 25

Class rep; $75k

Question 26

CAFA requires at least ___ members for a class action. It allows ____ to have diverse citizenship from any defendant. The aggregated claims must exceed ___.

Answer 26

100

Any class member

$5m