Joinder Flashcards
Joinder must have two basic things:
Accepted by the FRCP
and
SMJ over the case
You can join multiple Ps or Ds if the claims ____ and ____.
Arise from the same T/O
Raise at least one common question of law or fact
Three options for why a nonparty may be necessary:
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
If absentee is found necessary, court will then see if joinder is ____, which requires:
Feasible
PJ over the absentee and federal SMJ over claim by or against absentee
If absentee can’t be joined, what happens:
Proceed w/o absentee or dismiss entire case
Can case proceed w/o absentee? Court will consider whether: (3)
Alternative forum is available
Actual harm to absentee is likely
It can shape relief to avoid harm to absentee
Counterclaim is:
Response required w/in ____ of service.
A claim back against the complaining party
21 days of service
Compulsory counterclaim arises from the same ___ as the plaintiff’s case. D must ___ it or she ____ it.
T/O
Use it or lose it
If D got the case dismissed and never had to answer, does she waive a compulsory counterclaim?
No, because no answer
Permissive counterclaim does not ___ and failing to raise it in an answer does not ___.
Keep in mind that there must still be ____.
Arise from the same T/O; waive the claim in a future case
SMJ
Crossclaim is against a ____ and must ___. It is [compulsory/permissive].
Coparty
Arise from the same T/O
Permissive
Impleader involves:
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
Impleader is used to shift ____.
To the TPD D’s liability to the plaintiff
Difference between indemnity and contribution?
Indemnity shifts liability completely while contribution shifts liability pro-rata
Impleader claims are always [compulsory/permissive].
Permissive
To implead, D must ___ and____ within ___ of serving the answer.
File a third party complaint naming the TPD; have the complaint formally served
14 days
Intervention of right is when ___.
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)
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 ____.
Permissive; discretionary with the court
Cause delay or prejudice with someone
Interpleader— permits a person to require two or more ____ to litigate among themselves to determine which (if any) has a valid claim to it.
Adverse claimants
Four initial requirements for class action:
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
After satisfying one of the four initial reqs for class action, the case must fall into one of these three categories:
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)
Certification of a class action by the court involves:
Court defines class, claims, issues, defenses Court appoints counsel to fairly and adequately represent interests of class Certification is immediately appealable
In type 3 class action (common question), individual notice must go to class members, paid for by ____, including:
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
No right to opt out of these kinds of class actions:
Type 1 and 2. Can opt out of 3
For diversity cases, only the citizenship of the ___ will be considered, whose claim must also exceed ___.
Class rep; $75k
CAFA requires at least ___ members for a class action. It allows ____ to have diverse citizenship from any defendant. The aggregated claims must exceed ___.
100
Any class member
$5m
