Joinder Flashcards
What is joinder? What are the 2 q’s under joinder?
Joinder dictates scope of case - i.e. which parties and which claims can be joined?
2 q’s to ask are: (1) doe FRCP allow for joinder and (2) Is there SMJ over the case?
When can P join a claim?
Whenever, as long as there is SMJ over the claim.
Note: this is re the same D
Note: includes claims unrelated to original one - ANY claim
When can multiple P’s join or P’s sue multiple D’s?
As long as claims (1) arise from the same transaction or occurrence AND (2) raise at least one common question of law or fact
What is the analysis req’d once a party tries to join another party? to see if court can join/proceed?
(1) is the absent party necessary?
- When is an absentee necessary?: (a) w/ them court cannot afford complete relief to existing parties, (b) absentee’s interest may be harmed if they cannot join, (c) absentee has an interest that would subject a party to multiple obligations
Note: joint tortfeasors are NEVER necessary
(2) If they are necessary, can they be joined?
- joinder is feasible if (1) there is PJ over absentee and (2) there is federal SMJ over the claim wrt that person (note: if diversity Q, “align” new party with P-D based on common sense)
(3) If they can NOT be joined, can the case proceed without them? If not, dismisses case.
Look to 3 factors: (1) is there an alternative forum? (2) what is actual likelihood of harm w/o absentee, (3) can court shape relief to avoid that harm?
Note: if court decides to proceed without the absentee, then they are called “indispensible”
What is a counterclaim? What are the two types?
Counterclaim is a claim asserted against opposing party (i.e. one who has asserted a claim against you). E.g. D asserts counterclaim against P in response.
Counterclaims are (a) compulsory or (b) permissive
(a) compulsory counterclaims = arise from same T/O as claim. Unless party has already filed this claim in another court, they MUST assert this or it is waived permanently (for all future cases).
(b) permissive counterclaims = does not arise from same T/O. Party NOT required to assert it in this case - can sue on claim in another, later case.
Note: Must be SMJ for ALL counterclaims!
What is a crossclaim? When can it be asserted?
A crossclaim is a claim against a coparty. It MUST arise from same T/O as underlying action. It is NEVER compulsory - can always assert later in another case.
What is impleader?
An impleader claim, aka third party claim, is a claim by a third party. Usually, D brings in third party D. Person bringing claim = third party P.
This is used to shift liability to third party, so original D will get third party D to, e.g., pay some of damages (think: indemnity, contribution)
Note: this is NEVER compulsory
Remember: SMJ is req’d!
What is the difference between indemnity and contribution?
WRT third party claims (aka impleaders), indemnity = third party defendant takes ALL of liability, contribution = third party D covers pro-rata portion of liability
What is the process for impleading a third party?
(1) file third party complaint naming new party, (2) formally serve complaint
Right to do so within 14 days of serving answer, after that D need court permission
What is intervention? What are the two types?
Intervention = when third party wants to come into case either as P or D on their own. (Court may realign as needed).
2 types =
(a) intervention of right: if their interest may be harmed if not joined + interest not adequately represented by current parties (court must allow)
(b) permissive intervention: at least one common question of law or fact (court’s discretion, usually allowed unless causes prejudice)
Remember: Need SMJ!
What is interpleader? What 2 procedures may it occur by?
interpleader = when separate actions might result in double liability against same party. then, conduct interpleader suit forces both adverse claimants to litigate among themselves to determine which has valid claim to the liability
2 procedures = Rule 22 and statutory
R22: reqs (1) complete diversity + 75k or (2) federal question
statutory: req’s only diversity between any two contending complainants + 500 in issue
What are the reqs for a class action? What categories must it fall in
(1) numerosity - too many class members practical for joinder
(2) commonality - some issue in common to all class members (i.e. such that resolution will resolve all with one stroke)
(3) typicality - class rep’s claims are typical of claims of the class
(4) representative adequate - reps will fairly and adequately represent the class
If these are satisfied, must fall into one of the three categories:
(1) Type 1 - Prejudice: class treatment is necessary to avoid harm/prejudice (rare)
(2) Type 2 - Injuctive/Declaratory Relief: seeks injunction/declaratory relief
(3) Type 3 - Common Q/Damages: (1) common questions must predominate over individual questions, and (2) class action is a superior method to handle the dispute (e.g. mass torts)
When is notice req’d to all class members?
in a Type 3 - damages class action court must notify all class members (usually by mail). (NOT req’d in other type of class actions)
Only applies to all reasonably identifiable members
Rep pays for notice
Notice tells:
- class can opt out
- will be bound by judgment if they don’t
- can enter separate appearance via counsel
How is diversity jdx assessed for class action?
Only class reps considered wrt citizenship + AIC
What is CAFA?
CAFA grants SMJ over class actions in federal court (outside of federal q and diversity cases) when:
- there are at least 100 members
- any class member is of diverse citizenship with any D (not just reps)
- aggregated claims exceed 5 mil
Note: even in state D’s can remove to fed court
But if its v local action/v local parties - will stay local
