Joinder

Question 1

Amending Complaint to Add New Defendant

Answer 1

Amended claim adding D will “relate back” to date of original complaint IF:
(a) amendment arises out of same conduct, transaction, or occurrence as original complaint
(b) new D received notice such that it won’t be prejudiced in its defense
(c) D knew or should’ve known that it would’ve been sued but for a mistake concerning identity of the proper party

Even if statute of limitations has run against defendant, it’s OK because amendment will “relate back”

Question 2

Compulsory Joinder of Necessary Party

Answer 2

Absentee party should be joined if:
(a) complete relief isn’t possible without absentee, or
(b) absentee’s interest in lawsuit is such that its absence will impair or impede its ability to protect its interest OR leave other parties with substantial risk of incurring multiple/inconsistent obligations

If joinder NOT feasible, court may dismiss after considering:
* extent of prejudice to absentee/available parties
* extent to which prejudice can be reduced/avoided
* adequacy of judgment without absentee
* whether absentee will get adequate remedy

Question 3

Compulsory Counterclaim

Answer 3

Compulsory counterclaim is claim by defendant against plaintiff that arises out of same transaction or occurrence as P’s claims; it MUST be brought in current litigation or D cannot bring it at all.
* Compulsory counterclaim always falls under supplemental jx if it doesn’t meet diversity jx’s amount in controversy requirement (as long as there’s existing claim that meets diversity jx)

Permissive counterclaim MUST meet amount in controversy requirement under DJ to get supplemental jurisdiction.

Question 4

Class Action - Requirements

Answer 4

A suit brought by one or more persons on behalf of a larger group of individuals (called a class).

Class action is only proper if:

• Numerosity: the class is so numerous that joinder of all would be impractical;
• Commonality: there is a question of law or fact common to the class;
• Typicality: the claims of the representative parties are typical of those of the class, thus ensuring the representatives will have incentive to litigate in a way that will protect the class; and
• Representativeness: the representative parties will fairly and adequately protect the interests of the class

Question 5

Three Types of Class Actions

Answer 5

• (1) When separate actions would create a risk of inconsistent judgments or judgments that would substantially impair the ability of a non-party member to protect his interests (FRCP 23(b)(1))
• (2) When the class seeks injunctive or declaratory relief (not damages) (FRCP 23(b)(2))
• (3) Most common: When a class seeks damages and questions of law or fact common to class members predominate over questions affecting individual members, so that a class action is superior to individual suits. (FRCP 23(b)(3))

Question 6

Permissive Intervention v. Intervention as of right

Answer 6

Intervention that permits a non-party to join a lawsuit through its own initiative.

The court may permit intervention:
* Upon timely application and at the court’s discretion;
* When the intervenor has a claim or defense that shares a common nucleus of operative fact with the main claim

On timely motion, court must grant intervention when:
* Right is granted by federal statute; or
* Party has an interest relating to the subject matter of the action and would not be able protect their interest without intervention