Joinder Flashcards
Joinder of multiple claims by one P against 1 D
Governed by Rule 18 which allows P to bring all claims in one lawsuit regardless of relatedness of claims
is joinder of multiple claims by one P against 1 D permissive or required?
Permissive joinder such that P isn’t required to bring every claim, but if a given claim is related to a suit, there’s a high likelihood that the claim might be precluded in a later suit if P doesn’t bring it then.
Permissive Counterclaims
Rule 13(a)
Applies where claims don’t arise out of the same transaction or occurence underlying I’s claims against D
D may file a permissive counter-claim, but is not required to do so
Compulsory Counterclaims
Rule 13(b)
Applies where claim does arise out of same transaction or occurrence underlying P’s claim against D
D must file counterclaims or will otherwise forfeit them
What are Cross-Claims
Cross-claims are governed by Rule 13(g) and apply when claims are filed by one party against their co-party (D(1) files against D(2))
What are counter-claims
Counterclaims are governed by Rule 13(a) and (b) where P and D file claims against each other
When are cross-claims allowed to be filed
Crossclaims are only allowed if they arise from the same transaction or occurance underlying on of P’s claims
Can unrelated cross-claims every be filed between multiple Ds?
Yes, if a related cross-claim is filed as an “anchor claim,” unrelated cross-claims may then be filed.
Can Co-Ds counter-claim cross-claims?
Yes, with the same compulsory/permissiveness rules as P/D counter-claims regarding related and unrelated counter-claims
What are impleader Claims
Rule 14 governs impleader claims in which D brings in a third party not yet party to the lawsuit
Requirements for impleader
D must allege third party is responsible for some or all of liability (typically contribution claim against a joint tortfeasor, or indemnity claim against an insurer)
When is D allowed to bring an impleader claim?
D has a right to implead if within the 14 days of serving an answer, otherwise D needs permission from court
What is relationship between impleaded party and P and D
After being impleaded, 3rd person made party may bring their own claims against the other parties and implead fourth parties.
Can an original P file a claim against an impleaded third party
Yes, a P can file a claim against a third party that’s an impleaded D if the claim relates to one of P’s original claims
What is Permissive Joinder
Under Rule 20 multiple Ps can join 1 suit or multiple P’s can be sued in one suit so long as
1. joined parties claim relief or face liability that arises out of the same transaction or occurence
2. There will arise questions of law or fact common to the joined parties
When is mandatory joinder applicable
Mandatory joinder under Rule 19 will force parties to add party to lawsuit when
1. the absent party is necessary
2. the absent party can be joined
Will joinder be mandatory if a party is not necessary
No, no mandatory joinder of an unnecessary party
When is a party considered necessary for purposes of joinder?
A party is necessary if:
1. they have an interest that might be impaired if they’re left out
2. complete relief can’t be issued in the the party’s absence
3. if current parties would be subject to inconsistent or duplicative liability without the joinder
What determines whether or not a party can be joined for mandatory joinder
A missing party can’t be joined in federal court if the court lacks personal jurisdiction over missing party, or if adding the party would destroy subject matter jurisdiction by destroying diversity
When is a party deemed indispensable
When deciding if a party is indispensable a court will consider
1. extent of prejudice to missing party
2. whether prejudice can be lessened by shaping relief in a certain way in that party’s absence
3. if case is dismissed, whether P can find relief in another forum
When can the court adjudicate a case in the absence of a missing and necessary party?
If the party is not indispensable, a court can continue litigation even in a necessary party’s absence
What is the result if a missing necessary party is indispensable to a case?
The court must dismiss the suit
When can a person litigate on behalf of a class?
One person may act as representative and litigate on behalf of a class if:
1. a class can be formed
2. the action brought is proper for resolution via class action
What are requirements for class formation?
- Numerosity: there must be so many claimants that joinder is impractical
- Commonality: questions of law or fact common to class
- Typicality: claims are typical of class members ensuring the representative will have an incentive to litigate in ways to protect the class
- representativeness: parties will fairly and adequately protect the interests of the class
When is it proper for resolution by class action?
Proper for resolution via class action if:
1. Separate actions would create risk of inconsistent judgements or judgements from separate actions would impair nonparties from protecting their interests
2. opposing party has acted in ways generally applicable to the class
3. court finds that common questions of law or fact predominate over individualized questions and that a class action is the superior way compared to other methods for a fair and efficient result
Over whom must court have personal jurisdiction in a class action suit?
Court must have personal jurisdiction over every D, but only the named P
How does class action judgement bind class members?
Class action judgement binds all class members unless the members opt out
When do federal courts have SMJ in class action suits under diversity jurisdiction?
If alleging a state law violation, class can appear in federal court if Ds and representative Ps are completely diverse
-for class action suits with more than 100 members where damages being sought are over $5M, diversity is satisfied if any single member P is diverse from any D
When are interpleader claims used
Under Rule 22 interpleader claims are used when a party fears it will face multiple or inconsistent liability
-common in circumstances where insurance proceeds are at issue between two parties)
What is intervention?
Under Rule 24, intervention involves a non-party that is interested in the litigation, but has not been joined
When must party be granted intervention as a matter of right
Intervention of right must be granted to a party upon that party’s timely application when the party
1. claims an interest relating to the subject matter of the action
2. without intervention, there is a risk that the party might not be able to protect their interest
When will permissive intervention be granted?
Upon timely application and at court’s discretion, a third-party may intervene with a claim or defense that shares with the main action a question of law or fact
