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Federal Civil Procedure > Joinder > Flashcards

Joinder Flashcards

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Civil Procedure 1L flashcards
1
Q

basic idea of joinder?

A

define the scope of the case - how many parties and claims can be joined in one case

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2
Q

To have joinder:

A

(1) joinder must be allowed by Federal Rules
(2) there must be SMJ over the case

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3
Q

CLAIM joinder by PLAINTIFF

A

Claim joinder by plaintiff (or anyone who asserts a claim) MAY. join ANY additional claim they have against that adverse party - even if the additional claim is unrelated to the OG claim

**THERE MUST BE SMJ over the claim!

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4
Q

Claims by multiple plaintiffs or against multiple defendants:

A

claims by multiple plaintiffs or against multiple defendants must:
(1) arise from the SAME TRANSACTION OR OCCURRENCE; and
(2) raise at least ONE COMMON QUESTION of law or fact

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5
Q

3 questions for joinder of a nonparty// absentee?

A

1) is the absentee/nonparty required? (or necessary?)
2) if the absentee/nonparty is required, can the absentee be joined? and
3) if the absentee can’t be joined, can the case proceed anyway? (w/o absentee)

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6
Q

STEP 1) IS THE ABSENTEE REQUIRED:
what does it mean for a party to be “required” or necessary?

A

a) without the absentee, the court cannot accord COMPLETE RELIEF AMONG THE EXISTING PARTIES (worried about multiple suits); OR

**b) the ABSENTEE’S INTEREST MAY BE HARMED if they are not joined; or

c) the absentee claims an interest that SUBJECTS A PARTY (usually defendant) to a RISK OF MULTIPLE OBLIGATIONS

remember - joint tortfeasor’s are NEVER necessary

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7
Q

STEP 2) CAN THE ABSENTEE BE JOINED?

A

If absentee is required, court will assess whether joinder is FEASIBLE. Joinder is feasible if:
(1) there is PJ over the absentee; and
(2) there will be federal SMJ over the CLAIM by or against the absentee
– for diversity - court will ‘align’ the absentee as either a plaintiff or defendant based on their interest

*if joinder if feasible, then the absentee is joined to the case.

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8
Q

STEP 3) IF THE ABSENTEE CAN’T BE JOINED - CAN THE CASE PROCEED ANYWAY?

A

(i.e. if no PJ) - then court must determine whether to proceed WITHOUT THE ABSENTEE OR DISMISS THE ENTIRE CASE

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?

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9
Q

what is an “INDISPENSABLE” party?

A

if the court decides to dismiss the case rather than proceed without the absentee (if it is not feasible to join the absentee) then the absentee is called “INDISPENSABLE”

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10
Q

What is a counterclaim?

A

A claim against an OPPOSING party
- once one party asserts a claim against another party, they are opposing parties. Any claim back against that person is a COUNTERclaim
- usually a claim by a defendant against the plaintiff

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11
Q

where does a defendant file their counterclaim?

A

a defendant’s counterclaim is part of their ANSWER.

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12
Q

What does the plaintiff have to do after being served with a counterclaim?

A

After the defendant serves a counterclaim against the plaintiff, the plaintiff MUST respond under Rule 12 within 21 DAYS of SERVICE of the countercliam

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13
Q

what are the 2 types of counterclaims?

A

(1) compulsory counterclaim
(2) permissive counterclaim

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14
Q

What is a COMPULSORY counterclaim?

A

A compulsory counterclaim is one that ARISES from the same TRANSACTION OR OCCURRENCE as the plaintiff’s claim.

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15
Q

why is it called ‘compulsory’?

A

because unless the counterclaimant has already filed the claim in another case, they MUST file the compulsory counterclaim in the pending case - or the claim is WAIVED (if you don’t use it - you lose it)

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16
Q

Do you have to assert a counterclaim if you are never required to answer (i.e. file a motion to dismiss)?

A

if you are not required to answer (i.e. you file a motion to dismiss and it is granted) - then your counterclaim is not waived as it was not required!

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17
Q

Does a counterclaim need SMJ?

A

YES! once you identify it as a counterclaim (specifically compulsory -

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18
Q

What is a permissive counterclaim?

A

A permissive counterclaim is one that does NOT arise from the same TRANSACTION

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19
Q

What is a permissive counterclaim?

A

A permissive counterclaim is one that does NOT arise from the same TRANSACTION or OCCURRENCE as the plaintiff’s claim

**a party is NOT required to file it and can sue on the claim in a separate case

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20
Q

if a counterclaim (either compulsory or permissive) does not have SMJ - what are you other options?

A

check to see if there is supplemental jurisdiction!

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21
Q

What is a cross claim?

A

A crossclaim is a claim against a COPARTY

it must arise from the same TRANSACTION OR OCCURRENCE as the UNDERLYING action

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22
Q

is a cross claim compulsory?

A

a crossclaim is NOT compulsory and may be asserted in another case

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23
Q

What is IMPLEADER / Third Party Practice?

A

An Impleader Claim (also called a third-party claim) is one where a defending party (usually the defendant) is bringing in a NEW PARTY

Parties:
- Third-Party plaintiff (party bringing the claim)
- Third-Party defendant (new party being brought in)

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24
Q

when is an IMPLEADER claim brought?

A

An impleader claim is used to SHIFT TO THE THIRD-PARTY DEFENDANT the liability that the OG DEFENDANT will owe to the OG plaintiff.

So if the defendant is found liable to the plaintiff, he will try to get the Third Party Defendant to PAY ALL OR PART of his OWN LIABILITY.

Examples - indemnity or contribution actions

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25
Q

What is indemnity?

A

indemnity can be a type of impleader claim - it shifts liability COMPLETELY (so the third party defendant must cover the full claim)

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26
Q

what is contribution?

A

Contribution is also an impleader action - where it shifts the liability PRO RATA (so the third-party defendant must cover a pro-rata portion of the claim).

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27
Q

Is an impleader claim permissive or compulsory?

A

an impleader claim is PERMISSIVE - meaning that the defendant need not bring it in the current case

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28
Q

how does a defendant implead a THIRD PARTY?

A

To implead a third party, the defendant must:
(1) FILE A THIRD PARTY COMPLAINT - naming the third-party defendant; and
(2) have that complaint FORMALLY SERVED (served like an original complaint) on the third-party defendant

29
Q

when can a defendant implead a third party?

A

There is a RIGHT to implead within 14 DAYS of SERVING THE ANSWER.

After that - court permission is needed

30
Q

What happens after a third-party defendant is joined?

A

After the TPD is joined, the PLAINTIFF may assert claim(s) against the TPD, and the TPD may assert claim(s) against the plaintiff, that arise out of the same TRANSACTION OR OCCURRENCE as the underlying case.

31
Q

what else does each new claim have to have?

A

each claim MUST have SMJ.
- try diversity OR FQ SMJ first
- then, if neither works, try supplemental jurisdiction (remember limitation in SJ with diversity cases – limitation applies only to claims by the plaintiff - if at all, and a TPD is NOT a plaintiff)

32
Q

What is INTERVENTION?

A

a nonparty absentee uses intervention to bring HERSELF into the case
- they can either come in as a PLAINTIFF to assert a claim OR as a DEFENDANT to defend a claim
**court may realign the intervening party IF it thinks the absentee came in on the “wrong” side

33
Q

Can intervention be of right or permissive?

A

Intervention can be BOTH of right and permissive

34
Q

When is Intervention of Right?

A

Intervention is of right IF:
1) the absentee’s interest may be harmed if she is not joined; and
2) that interest is not adequately represented by the current parties

35
Q

When is intervention permissive?

A

Intervention is permissive and discretionary with the court IF:
1) the absentee’s claim OR defense and the pending case have at least ONE COMMON QUESTION OF LAW OR FACT

36
Q

When is permissive intervention allowed?

A

Usually allowed UNLESS it would cause delay or prejudice to someone

37
Q

what else must an intervention claim have?

A

it must have SUBJECT MATTER JURISDICTION!
- first look to whether the claim by/against the intervenor invokes diversity or federal question jurisdiction
- if neither applies - then try supplemental jurisdiction

38
Q

does the limitation on supplemental jurisdiction apply to intervention claims?

A

Yes! A claim by an intervenor plaintiff in a diversity case is a claim by a PLAINTIFF, so the limitation on supplemental jurisdiction may apply

39
Q

What is interpleader?

A

Interpleader applies if separate actions might result in DOUBLE liability against a stakeholder.

An interpleader suit permits a person/stakeholder to require two or more adverse claimants to the stake to litigate among themselves to determine which, if any, has the valid claim to it.

40
Q

what are the 2 interpleader procedures in federal courts?

A

(1) Rule 22 interpleader; and
(2) Statutory Interpleader

41
Q

what is Rule 22 Interpleader?

A

Rule 22 interpleader requires:
(1) complete diversity between the stakeholder AND all adverse claimants AND in excess of $75,000 in issue; OR
(2) a federal question claim

**Normal service and venue rules apply

42
Q

What is Statutory Interpleader?

A

Statutory interpleader requires ONLY:
(1) diversity between any 2 CONTENDING claimants AND $500 be in issue

**in this case - the stakeholder is considered to be a claimant

SERVICE - may be nationwide
VENUE - proper where any claimant resides

43
Q

Is statutory interpleader available if the stakeholder is disinterested?

A

IF a stakeholder makes NO claim to the state (stakeholder is disinterested) - AND the claimants are all from the same state - statutory interpleader would NOT be available EVEN if the stakeholder and claimants are from different states (because since the stakeholder is disinterred - they are not considered to be a contending claimant)

44
Q

What is a class action?

A

A class action is a case in which representative(s) sue on behalf of a group.

45
Q

What are the 4 requirements to qualify for a class action?

A

(1) numerosity
(2) commonality
(3) typicality
(4) representative adequate

46
Q

What is (1) numerosity?

A

Numerosity means that there are TOO MANY CLASS MEMBERS for PRACTICAL JOINDER
**there is no magic number

47
Q

What is (2) commonality?

A

There must be SOME ISSUE IN COMMON to all class members, so a resolution of that issue will generate answers for everybody in one stroke

48
Q

What is (3) typicality?

A

The class rep’s CLAIMS ARE TYPICAL of the claims of the class

49
Q

What is (4) representative adequate?

A

The class rep will FAIRLY AND ADEQUATELY REPRESENT THE CLASS

50
Q

What happens after the 4 requirements are satisfied?

A

The action STILL must fall into 1 of 3 types of class actions?

51
Q

what are the 3 types of class actions?

A

(1) Type 1 “Prejudice”
(2) Type 2 “Injunctive or Declaratory Relief”
(3) Type 3 “Common Question” or “damages”

52
Q

What is (1) Type 1 “Prejudice”

A

For Type 1 class actions - class treatment is NECESSARY TO AVID HARM/PREJUDICE either to (a) class members OR (b) to the non-class party
**these are rare

53
Q

What is (2) Type 2 “Injunctive or Declaratory Relief”

A

A Type 2 class action seeks an INJUNCTIVE or DECLARATORY judgment because the defendant treated the class members alike.

Plaintiffs in a Type 2 class action generally cannot seek damages

54
Q

What is (3) Type 3 “Common Question” or “damages”

A

For a type 3 class action:
(1) common questions must PREDOMINATE OVER INDIVIDUAL QUESTIONS; and
(2) the class action is A SUPERIOR METHOD to handle the dispute

**frequently used for mass torts

55
Q

Who must certify a class action?

A

A case is not a class action UNTIL the court grants the motion to certify it as a class action

The court also must:
(1) DEFINE the class and the class CLAIMS, ISSUES, or DEFENSES; and
(2) appoint class counsel, who MUST FAIRLY AND ADEQUATELY REPRESENT THE INTERESTS of the class.

56
Q

what can the “losing” party in the certification motion do?

A

However the court rules on the certification motion, the losing party can seek review from the COURT OF APPEALS

It is discretionary with the court of appeals

57
Q

If a Type 3 class action gets certified - what else must happen?

A

In a Type 3 class action, the court must notify the class members that they are in a class.
- this means INDIVIDUAL NOTICE - usually by mail, to all reasonably identifiable members

58
Q

Who pays for the notice to the members in a Type 3 action?

A

the notice is paid for by the class representative!

59
Q

What does the notice tell the type 3 members?

A

The notice tells members various things, including that they:
(1) can OPT OUT
(2) will be BOUND BY THE JUDGMENT if they DON’T opt out; and
(3) Can enter a SEPARATE APPEARANCE through counsel.

60
Q

What types of class actions require notice to the individual members?

A

Type 3 class requires notice by the court to the individual members which is paid for by the representative.

Type 1 class and Type 2 classes do NOT require notice.

61
Q

when do individual class members have a right to opt out?

A

Individual class members have a right to opt out in Type 3 classes (which is stated in the notice that they receive)

There is no right to opt out of a Type 1 or Type 2 class action. All members are bound by the judgment.

62
Q

When can parties settle OR dismiss a certified class action?

A

Parties can settle or dismiss a certified class action ONLY with court approval.

In all 3 types of classes - the court MUST give NOTICE to the class members to get their FEEDBACK on whether the case should be settled or dismissed.

If it’s a Type 3 class, the court also might REFUSE TO APPROVE THE SETTLEMENT UNLESS members are given a second chance to opt out.

63
Q

How can a class action get FEDERAL QUESTION jurisdiction?

A

if the class asserts rights under federal law, federal question jurisdiction may be used.

64
Q

Class actions + Diversity SMJ

A

For diversity cases, only the citizenship of the class representative is considered, AND her claim must exceed $75,000.

The claims of the other class members are ignored. That means that as long as the class representative’s claim meets the requirements of diversity, the class action may use diversity.

65
Q

What is the Class Action Fairness Act? (“CAFA”)

A

CAFA grants SMJ SEPARATE from diversity of citizenship of jurisdiction. It let’s a federal court hear a class action IF:
(1) there are at least 100 members
(2) ANY class member, NOT JUST THE REPRESENTATIVE, is of diverse citizenship from ANY defendant, and
(3) the AGGREGATED CLAIMS of the class exceed $5million

66
Q

Can a class action be removed to federal court?

A

under CAFA, any defendant, even an in-state defendant, MAY remove the case from STATE to FEDERAL court. (this makes it easier for interstate class actions to go to federal court).

67
Q

what happens to local class actions?

A

There are complicated provisions to ensure that local classes (where most class members and the primary defendants are citizens of the same state) do NOT stay in federal court –> these cases get dismissed (or if they were removed from state court, remanded to state court).

68
Q

subsets of joinder:

A

1) claim joinder by plaintiff
2) multiple plaintiffs OR multiple defendants
3) necessary and indispensable parties
4) claim joinder by defendant
—a) counterclaims
—b) crossclaims
5) impleader (third party practice)
6) intervention
7) Interpleader
8) Class actions

Federal Civil Procedure (13 decks)

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