Joinder

Question 1

Prerequisites for Joinder

Answer 1

Two things must be true:
(1) Joinder must be allowed by the Federal Rules, and
(2) there must be SMJ over the case

Question 2

Claim joinder by the plaintiff

Answer 2

A plaintiff may join any additional claim she has against that adverse party—even if the additional claim is unrelated to the original claim.

BUT there must be SMJ over the claim too

Question 3

Joinder of claims by multiple plaintiffs or against multiple defendants

Answer 3

Must:
(1) arise from the same transaction or occurrence (“T/O”), and
(2) raise at least one common question of law or fact.

Question 4

Why would a court force a nonparty into the case?

Answer 4

Because the absentee is “necessary” (or “required”).

Question 5

When is an absentee “necessary” or “required”?

Answer 5

(1) Without the absentee, the court cannot accord complete relief among the existing parties (worried about multiple suits)

(2) The absentee’s interest may be harmed if she is not joined (Commonly tested)

(3) The absentee claims an interest that subjects a party (usually the defendant) to a risk of multiple obligations.

Question 6

Can the absentee be joined if they are necessary?

Answer 6

If an absentee is labeled as necessary, a court will see if joinder of the absentee is “feasible.”

Joinder is feasible if:
- There is PJ over the absentee, and
- There will be federal SMJ over the claim by or against the absentee.

If joinder of the absentee is feasible, the absentee is simply joined to the case

Question 7

What happens if a necessary absentee CANNOT be joined? (e.g., lack of PJ)

Answer 7

The court then must determine whether to proceed without the absentee or dismiss the entire case.

To do this, the court looks at these factors:
1. Is there an alternative forum available?
2. What is the actual likelihood of harm to the absentee, and
3. Can the court shape relief to avoid that harm to the absentee?

Question 8

Joinder of Joint Tortfeasors

Answer 8

Joint tortfeasors are never necessary parties.

If we sue one of three joint tortfeasors, we cannot force the other two in as necessary.

Question 9

Compulsory Counterclaim Definition

Answer 9

Arises from the same transaction or occurrence as the plaintiff’s claim.

The defendant must file the compulsory counterclaim in
the pending case as an answer or the claim is waived.

NOTE: If the defendant was never required to ANSWER (e.g., they got the case dismissed for improper service) then they retain the right to later assert the counterclaims.

Question 10

Indispensable Party Definition

Answer 10

A party needed for action to proceed rather than be dismissed.

If the court decides to dismiss rather than proceed without the absentee, the absentee is called “indispensable.”

Question 11

Permissive Counterclaims

Answer 11

Does not arise from the same transaction or occurrence as the plaintiff’s claim.

A party is not required to file it in this case and can sue on the claim in a separate case.

Question 12

When must the Plaintiff respond to a counterclaim?

Answer 12

Within 21 days of service

Question 13

Crossclaim Definition

Answer 13

A crossclaim is a claim against a coparty.

It must arise from the same transaction or occurrence as the underlying action.

NOT compulsory: it can be asserted in another case

Question 14

SMJ on a crossclaim?

Answer 14

Diversity or FQ? (e.g., if this is a car wreck where both defendants are from NY, then no)

Can use SUPPLEMENTAL jurisdiction, if
- Common nucleus test is met (met in the car wreck hypo)

BUT REMEMBER: Limit on supplemental jurisdiction may apply if the initial case got into federal court on diversity. This only applies to claims made by PLAINTIFFS (so it is ok here)

Question 15

What is an Impleader claim?

Answer 15

An impleader claim is one where a defending party (usually the defendant) is bringing in a new party for indemnity or contribution.

Question 16

Why is an impleader claim used?

Answer 16

To shift, to the third-party defendant, the liability that the defendant will owe to the plaintiff.

Question 17

Indemnity or Contribution?

Answer 17

Indemnity: shifts liability completely so the TPD must cover the full claim.

Contribution shifts it pro-rata (so the TPD must cover a
pro-rata portion of the claim).

Question 18

Process for Impleading TPD

Answer 18

The defendant must:
(1) file a third-party complaint naming the TPD, and
(2) have that complaint formally served on the TPD.

There is a right to implead within 14 days of serving the answer. After that, court permission is needed.

Question 19

Once impleaded, can a TPD and the Plaintiff Assert Claims Against Each Other?

Answer 19

Yes, so long as the claim asserted arise out of the same T/O as the underlying case.

YOU STILL NEED SMJ (Diversity or FQ, then Supplemental)

Question 20

What is Intervention?

Answer 20

A nonparty absentee uses intervention to timely bring herself into the case (either as a plaintiff or defendant).
- Intervention of Right
- Permissive Intervention

The court can “realign” the intervening party if they think they came in on the wrong side.

Question 21

What is an Intervention of Right

Answer 21

If the 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.”

Same test as for necessary parties

Question 22

Permissive Intervention

Answer 22

If the absentee’s claim or defense and the pending case have at least one common question of law or fact, intervention would be permissive and discretionary with court.

Permissive intervention is usually allowed unless it would cause delay or prejudice to someone.

Question 23

SMJ of intervening party

Answer 23

Look for diversity or federal question.

If not, look to supplemental (BUT remember the limitation. If intervening party comes in as a Plaintiff, limitation applies)

Question 24

Requirements to qualify for a class action

Answer 24

1. Numerosity: there are too many class members for practicable joinder. There is no magic number.
2. Commonality: there must be some common issue to all class members, so resolution of that issue will generate answers for everybody in one stroke.
3. Typicality: the class representative’s claims are typical of the claims of the class.
4. Adequate Class Representative: The class rep will fairly and adequately represent the class

Question 25

Three Types of Class Actions

Answer 25

Type 1 (“Prejudice”): Class treatment is necessary to avoid harm (prejudice) either to class members or to the non-class party.

Type 2 (“Injunctive or Declaratory Relief”): seeks an injunction or a declaratory judgment because the defendant treated the class members alike. Plaintiffs in a Type 2 class action generally cannot seek damages.

Type 3 (“Common Question” or “Damages”): Frequently used for mass torts.
(a) common questions must predominate over individual questions, and
(b) the class action is a superior method to handle the dispute.

Question 26

Notice Requirement in a Type 3 Class Action

Answer 26

the court must notify class members that they are in a class. This means individual notice (usually by mail) to all reasonably identifiable members.

The notice is paid for by the rep, and must tell the class members that:
* They can opt out,
* They will be bound by the judgment if they don’t opt out, and
* They can enter a separate appearance through counsel.

Question 27

Class Action Fairness Act

Answer 27

This Act grants SMJ to a federal court if:
* There are at least 100 members;
* Any class member, not just the representative, is of diverse citizenship from any defendant; and
* The aggregated claims of the class exceed $5 million.

Any one defendant, even an in-state defendant, may remove the case from state to federal court.