joinder

Question 1

two basic requirements for all joinder

Answer 1

1. joinder must be allowed under FRCP
2. court must have full SMJ over case

Question 2

claim joinder by plaintiff

Answer 2

any plaintiff (including 3P plaintiffs and counterclaim plaintiffs) can join any additional claim against the adverse party, even if the new claim is totally unrelated to original claim*

as long as court also has SMJ over the new claim

Question 3

proper plaintiffs & defendants

Answer 3

can join multiple Ps or Ds (one plaintiff against two defendants, vice versa) if:
- claims arise from same T/O
AND
- claims raise at least one common question of fact or law

Question 4

when will the court force a nonparty to join a case?

note: this usually happens on defendant’s motion

Answer 4

when absentee is necessary or “required” and absentee can be joined (PJ/SMJ)

Question 5

how do you determine if an absentee is necessary/required?

Answer 5

• if without the absentee the court is unable to grant full relief among existing parties (this opens up risk of subsequent lawsuits)
  OR
• if absentee’s interest may be harmed if she is not joined
  OR
• if absentee claims an interest that subjects a party (likely defendant) to a risk of multiple obligations

but note: joint tortfeasors are NEVER necessary

Question 6

types of claim joinder by defendant

Answer 6

• counterclaims
• crossclaims

Question 7

counterclaims generally

Answer 7

• usually a claim by defendant against a plaintiff
• counterclaim will be pleaded as part of defendant’s answer
• after defendant serves counterclaim on plaintiff, plaintiff has 21 days to respond under Rule 12
• plaintiff MUST respond

Question 8

compulsory counterclaim

Answer 8

= one that arises from same T/O as the plaintiff’s claim

counterclaimant MUST file claim in this case or the claim is waived (unless she has previously filed a claim in a separate lawsuit)

Question 9

intervention

Answer 9

nonparty absentee inserts herself into case - she can choose to come in as a plaintiff to assert a claim against existing defendant OR as a defendant to defend against an existing claim

court may realign parties if believed intervenor came in on wrong side

two types of intervention:
(1) of right
(2) permissive

Question 10

intervention of right

Answer 10

exists where absentee’s interest may be harmed if she is not joined and that interest is not adequately represented by the current parties (like determining necessary party)

MUST assess intervenor’s claim for SMJ

SMJ for intervenor plaintiff’s claim subject to limitation on supplemental jurisdiction that applies to plaintiffs in diversity cases

Question 11

permissive intervention

Answer 11

allowed where absentee’s claim or defense and the pending case have at least one common question of law or fact

always subject to court’s discretion but usually allowed unless it would cause delay or prejudice someone

MUST assess intervenor’s permissive claim for SMJ

SMJ for intervenor plaintiff’s claim subject to limitation on supplemental jurisdiction that applies to plaintiffs in diversity cases

Question 12

interpleader

Answer 12

applies where separate actions might result in double liability for stakeholder

interpleader allows stakeholder to require two or more adverse claimants to the stake to litigate among themselves to determine which has valid claim

Question 13

requirements for Rule 22 interpleader

Answer 13

1. complete diversity between the stakeholder and all adverse claimants in excess of 75k in issue
   OR
2. FQ case

Question 14

requirements for section 1335 interpleader

statutory interpleader

Answer 14

diversity between any two claimants and at least $500 in issue

service may be effected nationwide; venue proper where any claimant resides

if stakeholder makes claim to/is interested in the stake, he is considered a claimant for statutory impleader purposes