Joinder Flashcards
“SMJ required”
Must assess whether claim invokes diversity or federal question SMJ
-If neither applies, try to invoke supplemental jurisdiction
-Remember supplemental jurisdiction plaintiff-diversity limitation
Joinder
Joinder rules define the scope of the case:
1. How many parties can be joined in the case?
2. How many claims can be joined in the case?
-Each claim must be allowed under FRCP
-Each claim must have SMJ
Claim joinder by Plaintiff
Under FRCP, a single plaintiff asserting a claim may join any additional claim he has against that adverse party, even if its unrelated to the original claim
-But each claim must have SMJ (usually this issue)
Joinder by multiple plaintiffs or defendants
Claims by multiple plaintiffs or against multiple defendants must:
(1) arise from the same transaction or occurence; and
(2) raise at least one common question of fact or law
Absentee party
A non-party to a case
Necessary and indispensable parties
For an absentee party to join a case, ask:
1. Is the absentee necessary (required)?
2. If so, can the absentee be joined?
3. If not, can the case proceed anyways?
Necessary absentee
An absentee is a necessary party when:
1. The absentee’s interest may be harmed if she is not joined;
-Most likely
2. The court cannot provide complete relief without it; or
3. It claims an interest that subject a party to multiple obligations
-Usually the defendant
*Joint tortfeasors are never necessary
Absentee joinder
Joinder is feasible for the absentee when:
1. The court has PJ over the absentee; and
2. The court has federal SMJ over the claim by or against the absentee
*If joinder is feasible, then the absentee is joined to the case
Indispensable absentee
Court must consider whether to proceed without the absentee or dismiss the case by using the below factors:
-Presence of alternative forum
-Likelihood of harm
-Court’s ability to provide relief to avoid that harm
If court dismisses the case, the absentee is an “indispensable party”
*Bar exam rarely tests indispensable factors
Claim joinder by Defendant
A counterclaim is a claim against an opposing party (usually D against P)
-Once a defendant serves a counterclaim in its answer, the plaintiff must respond under Rule 12 within 21 days of service
Two types of counterclaims:
-Compulsory counterclaim
-Permissive counterclaim
Compulsory counterclaim
A counterclaim that arises from the same transaction or occurrence as the plaintiff’s claim
-Must file in the pending case or the claim is waived (use it or lose it)
-Must have SMJ or supplemental jurisdiction
Permissive counterclaim
A counterclaim that does NOT arise from the same transaction or occurrence as the plaintiff’s claim
-Not required to file it in the case (can bring claim in separate suit)
-Must have SMJ
Crossclaim
A claim against a co-party arising from the same transaction or occurrence
-Permissive! (can bring claim in separate suit)
-Must have SMJ
Impleader (third-party claim)
When a defendant brings in a third party through an impleader claim to shift liability to the third-party defendant
-Defendant becomes third-party plaintiff (TPP)
-Third party becomes third-party defendant (TPD)
-Permissive
*Look for indemnity or contribution
-Indemnity shifts liability completely to the TPD
-Contribution makes the TPD cover a pro-rata share of the claim
Impleader process
The defendant must:
1. File a third-party complaint naming the TPD
2. Formally serve the complaint on the TPD
-Creates right to implead within 14 days of serving the answer, unless good cause
Once the TPD is impleaded, it and P may assert claims against each other
-SMJ required
Intervention
A nonparty absentee uses a timely intervention to bring herself into a case as a plaintiff or defendant
-Intervention as a right if her interest may be harmed if not joined (same test as necessary absentee)
-Permissive intervention is within the court’s discretion
-SMJ required
Interpleader
RARELY TESTED
Applies if separate actions might result in double liability against a stakeholder
-Interpleader makes claimants litigate to determine who has the valid claim
Class action lawsuits
A case in which representative(s) sue on behalf of a group
Four requirements:
1. Too many class members for a practical joinder
2. All members have some common issue
3. Class representative’s claim(s) are typical for the class; and
-Can invoke diversity if class rep’s claim meets the requirements
4. Class representative will fairly and adequately represent the class
Three types of class action lawsuits
- Prejudice
-Class treatment is necessary to avoid harm to either party
-No notice requirement
-Rare - Injunctive or declaratory relief
-Class seeks an injunction or a declaratory judgment because the defendant treated the class members alike
-No notice requirement - Common question or damages (mass torts)
-Common questions predominate or individual questions; and
-Class action is a superior method to handle dispute
-Class representative must notify all individual members (by mail paid for by the rep) that they can opt out, will be bound by judgment, and can enter a separate appearance
-Most common on exam
Court certification of class action
A case is not a class action until the court:
1. Certifies it as a class action;
2. Defines the class and the class claims, issues, or defenses; and
3. Appoints class counsel, who fairly and adequately represents interests
Settlement of class action
Need court approval to settle or dismiss a certified class action
-For mass torts class actions, the court may refuse to approve unless the members are given a second chance to opt out
Class Action Fairness Act (CAFA)
Grants non-DJ/FQ SMJ for a class action if:
-At least 100 members
-Any class member is of diverse citizenship of any defendant; and
-Aggregated claims exceed $5M
