Joinder Flashcards
Claim Joinder by Plaintiff
Under the FRCP, claim joinder by the plaintiff is easy because the plaintiff may join any additional claim she has against that adverse party, even if the additional claim is unrelated to the original claim. MUST be SMJ over the additional claim too.
What if the plaintiff is planning the case and wants to have multiple plaintiffs or multiple defendants?
The rule is that the claims by multiple plaintiffs or against multiple defendants must: (1) arise from the same transaction or occurrence (T/O); and (2) raise at least one common question of law or fact.
Why would a court force a nonparty into the case?
Because the absentee is “necessary or required.”
What does “necessary” or required mean?
Without the absentee, the court cannot accord complete relief among the existing parties (worried about multiple suits); or
the absentee’s interest may be harmed if she is not joined; or
the absentee claims an interest that subjects a party (usually the defendant) to a risk of multiple obligations.
Joinder is feasible if:
There is PJ over the absentee; and
there will be federal SMJ over the claim by or against the absentee. In determining whether the claim invokes diversity, the court “aligns” the absentee as a plaintiff or defendant based on the absentee’s interest.
Compulsory Counterclaims
A compulsory counterclaim is one that arises from the same T/O as the plaintiff’s claim. Unless the counterclaimant has already filed the claim in another case, she must file the compulsory counterclaim in the pending case or the claim is waived.
Permissive Counterclaims
One that doesn’t arise from the same T/O as the plaintiff’s claim. Permissive means that a party is not required to file it in this case and can sue on the claim in a separate situation.
Crossclaim
A crossclaim is a claim against a co-party.
Impleader (Third Party Practice)
An impleader claim (also called a third-party claim) is one where a defendant party (usually the defendant) is bringing in a new party.
What is an impleader claim used for?
To shift the liability to the third party defendant that the defendant will owe the plaintiff. So, if a defendant is found liable, he will shift the liability to pay all or part of the liability on the TPD.
Definitions of Indemnity and Contribution
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).
Is an impleader claim permissive?
Yes, the defendant need not bring it in the current case.
The only compulsory claim is the compulsory counterclaim.
To implead a third party, 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, court permission needed.
Intervention
A nonparty absentee uses intervention to bring herself into the case. She chooses to come in either as a plaintiff to assert a claim or as a defendant to defend a claim.
Intervention of Right
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.”
