Joinder Flashcards
How many claims may a p join?
Generally as many claims as they have. No connection is required
What is a counterclaim?
a claim brought against an adverse party, usually a D against a P
When might a litigant or court join parties?
if the claims involving that party derive from the same transaction or occurrence or at least the same series of transactions or occurrences
What are cross claims?
Claims brought by one party against a co party that derive from the same transaction or occurrence. GA states cross claims are permissive and indemnity and contribution claims usually are too. Once cross claim asserted, must join all related noncontribution claims are lost due to claim preclusion
When may a D implead a third party?
If the new party may be liable to them for all or part of the same liability to the P
What is intervention?
The act of a nonparty intervening in an ongoing lawsuit
When is intervention as a right appropriate?
when the intervening party’s interest, is adversely affected and not protected by the parties
When is permissive intervention appropriate?
Discretionary to the court and requires a commonality of issues between those in the suit and those affecting the intervenor
What is required for certification for a class action?
- Commonality
- Adequacy
- Numerosity
- Typicality
Additional reqs when class seeks money - predomiannce
- Superiority
