joinder Flashcards
rule 17 a
Does the real party in interest have capacity and standing?
* Capacity: ability of a party to enforce rights or to be sued by others
* Standing: constitutional requirement under Article III:
* “[P]ersonal injury fairly traceable to the defendant’s allegedly unlawful
conduct and likely to be redressed by the requested relief.”
rule 18
A party asserting a claim, counterclaim, cross-claim, or third-party claim may
join, as independent or alternative claims, as many claims as it has against an
opposing party.
still need smj
rule 20 permissive joinder
Parties may join as plaintiffs or defendants when:
* Some claim is made by each plaintiff and against each defendant
relating or or arising out of the same series of occurrences or
transactions;
* There is a common question of fact or law to all parties.
* Court has wide discretion to order separate trials or take other measures to
control proceedings. R21, R42
(court has discretion to prohibit if unfair or delay to much of a burden confuse the jury
rule 21/42
21;Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a part
42If actions before the court involve a common question of law or fact, the court may:
(1) join for hearing or trial any or all matters at issue in the actions;
(2) consolidate the actions; or
(3) issue any other orders to avoid unnecessary cost or delay.
(b) Separate Trials. For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims
rule 13 permissive counterclaim
A pleading may state as a counterclaim against
an opposing party any claim that is not compulsory.
any random claim
+ for both
A counterclaim need not diminish or
defeat the recovery sought by the opposing party. It may request relief that
exceeds in amount or differs in kind from the relief sought by the opposing
party. goes for next card also
rule 13 compulsory counterclaim
must be brought now or never
arises out of same transaction or occurrence court has jurisdiction over party
same action or compulsory : 1) same issues of law and fact; (2) res judicata bar; (3)
substantially the same evidence; (4) OR logical relationship between the claims
need smj for cross and counter and
Parties cannot aggregate counterclaims or crossclaims with the original claim
to meet the amount in controversy.
rule 13 g cross claim
may state as a crossclaim any claim by one party against a coparty
if the claim arises out of the transaction or occurrence that is the subject matter
of the original action or of a counterclaim, or if the claim related to any property
that is the subject-matter of the original action
* May bring any Rule 18 claims++++
+once cross claimed then counterclaimed back doesn’t need same transaction
rule 19
Should the absentee be joined?
* Complete relief cannot be accorded without them
* OR Absentee has an interest in the subject matter such that:
* Absence will impair or impede ability to protect interest
* OR Substantial risk of incurring multiple or inconsistent obligations
2. Can the absentee be joined?
* Personal jurisdiction & subject-matter jurisdiction (federal question
§1331; diversity of citizenship §1332) (BUT NOT supplemental §1367)
3. If not, should the action proceed in the absence of the indispensable party
* Court to determine in equity and good conscience if it should proceed
without the party or dismiss the case. Consider:
* (1) prejudice to the absentee or available parties; (2) protective
measures; (3) adequacy of a judgment; and (4) adequate remedy in
another forum
rule 14 imp leader
A defending party may, as
third-party plaintiff, serve a summons and complaint on a nonparty who is or
may be liable to it for all or part of the claim against it.
14 days from answer as of right; or
* After 14 days by motion to the court
The third-party
defendant:
* (A) must assert any defense under Rule 12
* (B) must assert any counterclaim under Rule 13
* (C) may assert against the plaintiff any defense;
* AND (D) may also assert against plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff
The Plaintiff may
assert against the third-party defendant any claim arising out of the
transaction or occurrence that is the subject-matter of the plaintiff’s claims
against the third-party plaintiff. The third-party defendant must then assert
any defense under Rule 12 and any counterclaim under Rule 13(a) and may
assert any counterclaim under Rule 13(b) or any crossclaim under Rule
13(g).
A third-party
defendant may proceed under this rule against a non-party who is or may be
liable to the third-party defendant for all or part of any claim against it.
When a claim is asserted
against a plaintiff, the plaintiff may bring in a third-party if this rule would allow
a defendant to do so.
8:51 joinder 2 video
rule 22 interpleader
Multiple competing claims that expose Plaintiff to risk of multiple judgements.
* Plaintiff-stakeholder is holding some property subject to those claims.
* Plaintiff-stakeholder makes no claim to the fund.
* Does not expand the SMJ of the federal courts under 28 U.S.C. 1331-32.
28 U.S.C. 1335 – Statutory Interpleader
28 U.S.C. 2361 – Interpleader Joinder
*
28 U.S.C. 1397 – Interpleader Venue
1
Interested stakeholder or no complete diversity
* Minimum diversity: two or more adverse claimants
* Amount in Controversy: exceeds $500.00
* Plaintiff must either:
* Deposit the money or property with the Court;
* OR Post a surety bond.
2
The district court:
* May restrain claimants from filing related state or federal claims affecting
the property;
* Shall hear and determine the case and make any necessary judgment.
3
* Proper in any federal district where any claimant resides
rule 24 intervention
requires 1) timely motion stating grounds; (2) service under Rule 5; (3)
copy of pleading containing claim for relief or defense; (4) non-supplemental
subject-matter jurisdiction; and (5) Article III Standing
(a) Mandatory (as of right)
* Unconditional statutory right;
OR
* Claims an interest in the subject matter of the case;
* AND Disposition of the action may impair or impede movants rights;
* AND Won’t be adequately represented in the action
(b) Permissive
* Conditional statutory right;
* OR Common question of law or fact
rule 23 class actions
Numerosity;
* Commonality;
* Typicality;
* AND Class representative will provide adequate protection to non-present
class members.
Special SMJ rules for Class Actions:
(1) Complete diversity of named parties (i.e. not the class members).
(2) The joinder exception found in 28 U.S.C. § 1367 does not apply.
(3) Class Action Fairness Act – 28 U.S.C. 1332(d)
* > 100 class members
* AOC > $5 million; AND
* Any single class member of the class is from a different state than any single
party opposing the class
