JOINDER

Question 1

Joinder of Parties

Compulsory Joinder

Answer 1

A party must be joined if

(i) in that party’s absence, the court cannot grant complete relief to the existing parties or
(ii) the party claims a legal interest in the action and is so situated that disposing of the action in his absence may impair or impede her ability to protect the interest or create a risk of multiple of inconsistent obligations to an existing party.

A required party can be joined if the court has personal jurisdiction over that party and their joinder does not deprive the court of subject matter jurisdiction

Question 2

Joinder Not Feasible

Answer 2

If a person who is required to be joined if feasible cannot be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed.

Question 3

Joinder Not Feasible - Factors

Answer 3

To determine whether a necessary party is indispensable, the courts consider the following factors:

1. the extent to which a judgment in the party’s absence might prejudice that party or the existing parties
2. the extent to which prejudice could be reduced or avoided by protective provisions in the judgment, shaping the relief, or other measures
3. whether an adequate judgment could be rendered in that party’s absence, and
4. whether the plaintiff will have an adequate remedy if the case is dismissed for non-joinder

Question 4

Permissive Joinder

Answer 4

Permissive Joinder allows plaintiffs or defendnants to be joined in one action if

1. they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and
2. any question of law or fact common to all parties will arise in the action

SMJ is REQUIRED

Question 5

Permissive Joinder - Supplemental Jurisdiction

Answer 5

Supplemental jurisdiction is applicable for plaintiffs seeking joinder; however, it is inapplicable for defendants

Question 6

Intervention

Answer 6

Intervention enables a third-party to voluntarily join a lawsuit without the permission of the parties.

Supplemental jurisdiction is unavailable for intervening parties.

Question 7

Intervention of Right

Answer 7

The Court must permit a third party to intervene if that party

(i) is given an unconditional right to intervene by federal statute, or
(ii) claims an interest in the property or transaction that is the subject matter of the lawsuit and the disposition of that lawsuit without that party may impair her ability to protect that interest, unless the interest is adequately represented by existing parties

Question 8

Permissive Intervention

Answer 8

The court may permit a third party to intervene if that party

(i) is given a conditional right to intervene by federal statute, or
(ii) that party has a claim or defense that shares a common question of law or fact with the main action.

Question 9

Interpleader

Answer 9

Interpleader allows a third-party stakeholder who holds property on behalf of another to compel parties who claim competing interests in that property to litigate the claim so that the court can settle their rights.

Question 10

Rule 22 Interpleader

Answer 10

Rule 22 interpleader requires that subject matter jurisdiction is satisfied through either federal question or diversity jurisdiction

Question 11

Statutory Interpleader

Answer 11

Statutory interpleader grants courts subject matter jurisdiction if at least one claimant is diverse from another claimant and the amount in controversy must exceed $500.

Question 12

Impleader

Answer 12

Impleader allows a defendant, as third party plaintiff, to bring in the lawsuit a nonparty, as third party defendant, who may be liable to the defendant for all or part of the plaintiff’s claim against her.

Question 13

Impleader - Jurisdiction

Answer 13

The court must have subject matter jurisdiction over claims asserted against the third-party defendant as well as claims brought by the third-party defendant against the other parties once she is impleaded into the case.

Supplemental jurisdiction may be invoked if the court cannot obtain subject matter jurisdiction otherwise.

The court must also have personal jurisdiction over the parties.

Question 14

Joinder of Claims

Answer 14

A party asserting a claim, counterclaim, crossclaim, or third-arty claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

Subject matter jurisdiction and venue requirements must be satisfied.

Question 15

Joinder of Claims - Diversity Jurisdiction

Answer 15

To satisfy diversity jurisdiction, a plaintiff may aggregate all claims against an opposing party in order to meet the amount in controversy requirement.

Question 16

Joinder of Claims - Federal Question Jurisdiction

Answer 16

State claims may be joined with a federal claim if

(i) diversity jurisdiction exists or
(ii) the claims arise out of the same transaction or occurrence as the federal claim

Question 17

Counterclaims

Answer 17

Counterclaims refer to any claims that the defendant brings against the plaintiff. All counterclaims must satisfy subject matter jurisdiction requirements.

Question 18

Counterclaims - Compulsory

Answer 18

A party must state as a counterclaim any claims that

1. arise out of the same transaction or occurrence as the opposing party’s claim and
2. do not require adding another party over whom the court cannot acquire jurisdiction.

Compulsory counterclaims must be pleaded in the answer otherwise they are considered waived

Question 19

Counterclaims - Permissive

Answer 19

A party may state as a counterclaim any claims that are not compulsory. Subject matter jurisdiction is required.

Subject matter jurisdiction is not available for permissive counterclaims.

Question 20

Crossclaims

Answer 20

A pleading may state as a cross claim any claim by one party against a co-party if

(i) the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or
(ii) if the claim related to any property that is the subject matter of the original action.