Joinder Flashcards
1
Q
Joinder Basics
A
- Defines the scope of the case: how many parties & claims can be joined in one case
- Every single claim in fed ct must have SMJ
- Two things must be true:
(1) joinder must be allowed by fed rules; and
(2) there must be SMJ over the case
2
Q
Claim Joinder by P
A
- Anyone asserting a claim may join any additional claim she has against that adverse party - even if the additional claim is unrelated to the original claim
- This cannot be stressed enough, there must be SMJ over the claim too
3
Q
Proper Ps & Ds
A
- Claims by multiple Ps or against multiple Ds must:
(1) arise from the same T/O
(2) raise at least one common question of law/fact
4
Q
Necessary & Indispensable Parties
A
- Ct may force some nonparty (absentee) to join the case, usually on motion by D
- Ask 3 things:
(1) is absentee necessary?
(2) If absentee is necessary, can the absentee be joined? and
(2) If an absentee cannot be joined, can the case proceed anyway?
5
Q
What does necessary mean?
A
- Without absentee, the ct cannot accord complete relief among the existing parties (worried about multiple suits)
- Absentee’s interest may be harmed if she is not joined, or
- Absentee claims an interest that subjects a party (usually D) to a risk of multiple obligations
- The second is the most likely one you’ll see on the exam
- Note: joint tortfeasors are never necessary
6
Q
Can absentee be joined?
A
- If absentee is labeled as necessary, a ct will see if joinder of absentee is feasible
- Joinder is feasible if:
(1) there is PJ over absentee; and
(2) There will be FSMJ over the claim by or against the absentee - To determine if claim invokes diversity, the ct aligns the absentee as a P/D based on absentee’s interest
- If joinder of absentee is feasible, the absentee will be joined in the case
7
Q
What is absentee cannot be joined?
A
- Ex. there is no PJ over absentee
- The ct must determine whether to proceed w/o absentee/ dismiss entire case
- Ct makes this decision by looking at these factors:
(1) is there an alternative forum available? (maybe some state ct)
(2) what is the actual likelihood of harm to absentee?; and
(3) can the ct shape relief to avoid that harm? - You don’t necessarily need a necessary party’s presence to continue with the case, it is just necessary to join if feasible
8
Q
Claim Joinder by D: Counterclaim
A
- Part of D’s answer
- After serves a CC against P, P must respond within 21 days of service of the CC
- There are 2 types of CCs
9
Q
Compulsory Counterclaim
A
- One that arises from same T/O as P’s claim
- Unless counterclaimant has already filed the claim in another case, she must file the CCC in the pending case or the claim is waived
- This is the only ccc in fed ct
10
Q
Permissible CC
A
- one that does not arise from same T/O as P’s claim
- A party is not required to file it in this case and can sue on the claim in a separate case
- As always, there must be SMJ over CC, check for FQJ,DCJ, or SJ
11
Q
Impleader (3rd Party Practice)
A
- One where defending party (usually D) is bringing in a new party
- The party bringing the claim is called a 3rd party P and the new party is a 3rd party D (TPD)
- Permissible, D need not bring it in the current case
12
Q
Nature of Impleader Claim
A
- Used to shift to TPD the liability that the D will owe to P
- So, if D is found liable to P, he will try to get the TPD to pay part/all of his own liability.
- Look for claims for indemnity/contribution
13
Q
Definitions of Indemnity & Contribution
A
- Indemnity shifts liability completely (so TPD must cover full claim
- Contribution shifts it pro-rata (so TPD must cover a pro-rata portion
14
Q
Process for Impleading TPD into the Case
A
- To implead a 3rd party, D must:
(1) File a 3rd party complaint naming TPD &
(2) Have that complaint formally served on TPD - There is right to implead within 14 days of serving an answer. After that, ct permission is needed
- After TPD is joined, P may assert claims against TPD, and TPD may assert claims against P, that arise out of the same T/O as the underlying case
- Remember to assess each claim separately for SMJ. Remember the limit for diversity cases, the limit applies only to claims by P and a TPD is not a P
15
Q
Intervention
A
- A nonparty absentee uses intervention to bring herself into the case
- She chooses to come in as with a P/D
- Ct may realign intervening party if it thinks the absentee came in on the wrong side
16
Q
Intervention of Right
A
- If absentee’s interest may be harmed if she is not joined, and that interest is not adequately represented by the current parties; intervention is of right
17
Q
Permissive Intervention
A
- If absentee’s claim/defense and pending case have at least one common question of law/fact, intervention is permissible and discretionary with ct
- Usually allowed unless it would cause delay/prejudice to someone
- Again, assess whether the claim by/against the intervenor invokes DJ/FQ/SJ.
- Remember that a claim by an intervenor P in a diversity case is a claim by a P, so the limit on SJ may apply
18
Q
Class Action
A
- A case in which rep(s) sue on behalf of a group
19
Q
How to Qualify for a Class Action
A
- All 4 must be shown:
(1) Numerosity: there are too many class members for practicable joinder
(2) Commonality: there must be some issue in common to all class members
(3) Typicality: the class rep’s claims are typical of the claims of the class
(4) Rep Adequate: the class rep will fairly & adequately represent the class
20
Q
3 Types of Class Actions
A
- After satisfying requirements for class action, the action must fall into one of 3 types of class actions:
(1) Type 1: Prejudice - class treatment is necessary to avoid harm either to members or to the non-class party. These are rare
(2) Type 2: Injunctive/Declaratory Relief - Seeks an injunction/declaratory judgment b/c D treated the class members alike. Ps in type 2 generally cannot seek damages
(3) Type 3: Common Question/Damages - Common questions must predominate over individual questions; and the class action is a superior way to handle the dispute. Frequently used for mass torts
21
Q
Court Must Certify Class
A
- A case is not a class action until ct grants the motion to certify it as such. Ct must also:
(1) Define the class & class claims, issues, or defenses &
(2) Appoint class counsel, who must fairly & adequately represent the interests of the class - Losing party can seek review from COA on the ruling for certification
22
Q
Notice to Class
A
- In type 3, the ct must notify class members that they are in a class
The notice tells the class members that they:
(1) Can opt out;
(2) Will be bound by judgment if they don’t: &
(3) Can enter a separate appearance through counsel - Notice is not required in type 1 or 2
23
Q
Opt Out & Binding Effect of Class Action Judgment
A
- There is no right to opt out of type 1 or 2
- All class members are bound by judgment unless, in a type 3, they opt out
24
Q
Settlement of Class Action
A
- Parties can settle/dismiss a certified class action only with ct approval
- In all 3 types, ct must give notice to class member to get their feedback on whether the case should be settled/dismissed
- If it is type 3, ct also might refuse to approve the settlement unless members are given a second chance to opt out
25
Q
SMJ in Class Actions
A
- If class action asserts a right under fed law, FQJ may be used
- For diversity cases, only citizenship of class rep is considered & AIC must exceed 75k
- Claims by other class members are ignored
26
Q
Class Action Fairness Act (CAFA)
A
- Grants SMJ separate from DCJ. It lets a fed ct hear a class action if:
(1) There are at least 100 members;
(2) Any class member, not just the rep, is of diverse citizenship from any D; &
(3) The aggregated claims of the class exceed $5 mil - Also, any one D, even an in-state D, may remove the case from state to fed ct
- Local classes (where most class members and the primary D are citizens of the same state) do not stay in fed ct, these cases get dismissed (or, if they were removed, remanded)
