JOINDER

Question 1

Who may exercise joinder of claims?

Answer 1

A party who asserts a claim, counter claim, or cross claim

Question 2

How many claims may a party join?

Answer 2

• An unlimited number of additional claims
• AGAINST AN OPPOSING PARTY
• So long as the elements are met.

Question 3

Joinder of Claims - Elements

Answer 3

1. FRCP allows joinder because claim is either (a) an additional claim by a party against an opposing party (Rule 18) OR (b) a compulsory permissive claim, counterclaim, or cross claim, (Rule 13)*, and
2. The court has SMJ (FQ, DJ, SJ)

Question 4

Rule 13 - Compulsory Counter Claim Rule and Elements

Answer 4

A compulsory counterclaim must be asserted. A counterclaim is compulsory if:

1. arises out of the same transaction or occurrence that is the subject of the OP’s claim, and
2. does not require joinder of a party over which the court does not have PJ

Question 5

Rule 13 - Permissive Counter Claims

Answer 5

A permissive counter claim is any claim that is not compulsory. No limit on permissive counterclaims that are JOINABLE.

Question 6

Rule 13 - Cross Claims

Answer 6

• A cross claim is a claim between coparties.
• May be permissively joined when they
• Arose out of the same events that are the basis of the complaint or counterclaim.

Question 7

Counter Claims and Joinder

Answer 7

• Compulsory counter claims will fall within the court’s supplemental jurisdiction because of the “common nucleus of operative fact” t/o analysis.
• Permissive counter claims will never fall within the court’s supplemental jurisdiction because they do not share the same common nucleus of operative fact; do not arise out of the same t/o.

Question 8

Joinder - definition

Answer 8

The joining together of claims or parties to one lawsuit.

Question 9

Joinder - Diversity/Supplemental Jurisdiction

Answer 9

• The 1367 limitation on supplemental jurisdiction in diversity cases applies only to Plaintiffs. - So, as long as the counterclaims, crossclaims, or third party claims brought by a Defendant share a common nucleus of operative fact with OJ claims, then SMJ will be proper for diversity purposes.

Question 10

Who may exercise Joinder of Parties?

Answer 10

• Additional plaintiffs can join
• Plaintiffs can seek to join additional defendants
• Defendants can join third parties

Question 11

Joinder of Parties - Elements

Answer 11

1. Personal Jurisdiction over every D unless D waived
2. Same transaction or occurrence
3. Substantial question of common law or fact

*generally, if claims arise out of same t/o then there will be a substantial question of common law or fact

Question 12

Permissive Joinder of Parties - Rule 20

Answer 12

Same Rule as permissive joinder of claims

• Any claim that is not compulsory.
• Not arise under same t/o.
• No limit on parties who are JOINABLE (meets the elements)

Question 13

Permissive Joinder mnemonic

Answer 13

Parties (personal Jurisdiction)
That (transaction/occurrence)
Satisfy (substantial question or fact common to existing claim)

Question 14

Joinder of Parties - Compulsory Joinder Rule 19

Answer 14

If a person is required to join or be joined in a lawsuit, the court must order him to be joined either as a defendant or involuntary plaintiff. Compulsory joinder is only required when the party is a necessary party.

Question 15

Compulsory Joinder of Parties - Jurisdictional Obstacles

Answer 15

If jurisdictional obstacles prevent joinder, court must consider (1) whether to move forward in party’s absence or (2) dismiss the entire case.

Question 16

Compulsory Joinder of Parties - Elements

Answer 16

A joinder of a party is compulsory if:

1. Personal jurisdiction over each D joined unless waived.
2. The joinder does not deprive court of SMJ
3. Person to be joined is a Necessary Party*

Question 17

Compulsory Joinder of Parties - Mnemonic

Answer 17

Parties (personal jurisdiction)
Share (SMJ)
Needs (necessary party)*

Question 18

Necessary Party

Answer 18

1. Persons whose absence will mean that court cannot grant complete relief; or
2. Persons who claim interest related to the action and whose absence (a) may impair ability to protect interest or (b) subject existing party to substantial risk of incurring liability

Question 19

Compulsory Joinder of Parties - Indispensable Party Rule

Answer 19

1. If necessary party cannot be joined, court must decide whether person is indispensable* party.
2. If not indispensable, court will move forward.
3. If indispensable, court will dismiss

Question 20

Compulsory Joinder of Parties. - Indispensable Party*

Answer 20

Court considers factors to determine whether party indispensable:

1. extent judgment may prejudice party
2. extent prejudice could be reduced or avoided by judgment
3. whether judgment would be adequate
4. whether P would have adequate remedy if dismissed

Question 21

Impleader Rules 14 and 18 - Definition

Answer 21

Impleader involves the procedure of a third party complaint which joins both a new party and new claim.

Question 22

Impleader Elements

Answer 22

1. Third party is joinable*
2. Filing is timely (14 days after serving answer or other pleading)
3. Personal jurisdiction (100-mile bulge rule)
4. Subject matter jurisdiction (D filing- court will have supplemental; P-cannot destroy complete diversity in diversity cases)
5. Venue (P only-venue must lie in which a P is bringing 3rd party complaint in response to counterclaim)