Joinder

Question 1

Claim Joinder

Answer 1

A plaintiff can join any claim she has against the defendant, as long as there is SMJ over that claim.

Question 2

Multiple Parties

Answer 2

Claims by multiple plaintiffs or against multiple defendants must arise from the same transaction or occurrence and raise at least one common question of law or fact.

Question 3

Joining Non-Parties

Answer 3

Is the non-party necessary?
-court can’t afford complete relief
-her own interest may be harmed
-risk of multiple obligations

If so, can she be joined?
-there is PJ
-there is SMJ over the claim by/against her

If can’t be joined, proceed without or dismiss (party is indispensable)
-consider alternate forums and likelihood of harm

Question 4

Counterclaims

Answer 4

Compulsory: arises from same transaction or occurrence as plaintiff’s claim

Permissive: does not arise from the same T/O

There must also be SMJ over the claim

Question 5

Crossclaims

Answer 5

Must arise from the same transaction or occurrence as the underlying action

Question 6

Impleader

Answer 6

An impleader or third-party claim is one where a defending party brings in a new party in order to shift the liability that the defendant will owe to the plaintiff if he is found liable.

Can implead in 14 days of serving answer.

The joined party can assert claims against the defendant or the plaintiff as long as same T/O and SMJ

Question 7

Intervention

Answer 7

As of right: interest may be harmed and not adequately represented by the current parties

Permissive: at least one common question of law or fact

Question 8

Interpleader

Answer 8

Permits someone to require two or more adverse claimants to the stake to litigate among themselves to determine who has the valid claim.

Question 9

Class Action

Answer 9

Requirements for a class:
-numerosity (too many for joinder)
-commonality (issue in common among all members)
-typicality (rep’s claims are typical of all members)
-fair and adequate representation

Question 10

Types of Classes

Answer 10

Type 1: necessary to form a class to avoid harm or prejudice against members

Type 2: seeking injunctive or declaratory relief because the defendant treated all members alike

Type 3: common questions predominate over individual questions (mass torts)
-members must be notified and given a chance to opt out

Question 11

Class Diversity

Answer 11

General diversity rules based on class rep
OR
CAFA route:
-at least 100 members
-any class member is diverse from any defendant
-aggregated claims over $5 million