Joinder

Question 1

Two things must be true for a claim to be joined in federal court, they are:

Answer 1

1. Joinder must be allowed by the Federal Rules; and
2. The court must have SMJ.

Question 2

When can a Plaintiff join claims over the Defendant?

Answer 2

A Plaintiff can join as many claims as she has against the Defendant, even if those claims are unrelated to the original claim.

must have SMJ

Question 3

HYPO: Plaintiff, citizen of Wisconsin, sues Defendant, citizen of Illinois, for (1) a $25K BoC; (2) an unrelated $25K tort; (3) an unrelated state antitrust for $25K; and (4) cheating in poker for $25K. Under the Federal Rules, is joinder allowed?

Answer 3

Yes – diversity jurisdiction; 1 P and 1 D (aggregate claims).

Question 4

Multiple Plaintiffs or Defendants can be joined if their claims arise from…

Answer 4

(1) The same transaction or occurrence, and;
(2) Raise at least one common question of law or fact.

(and meet SMJ requirements)

Question 5

If a party claims that an absentee should be forced to join the case, how does the court determine to do so or not?

Answer 5

(1) Is the absentee necessary/required?
(2) Can the absentee be joined?
(3) Can the case proceed anywyas?

Question 6

How is it determined that an absentee is necessary?

Answer 6

Three tests:

Test A: Can the court accord complete relief among the existing parties;

Test B: Will the absentee’s interest be harmed if not joined?

Test C: Will a party be subject to a risk of multiple of inconsistent obligations if the absentee is not brought in?

Test B is most likely

Question 7

Are joint tortfeasors necessary?

Answer 7

No – cannot be forced to join as necessary.

Question 8

HYPO: Dan owns 1,000 shares of stock in XYZ Corporation, Rich claims that they bought the stock jointly. Rich sues XYZ corporation seeking Dan’s stock cancelled and the stock to be reissued in the joint names. Is the joinder necessary?

Answer 8

Yes – if Rich wins the case, Dan’s interest would be harmed. He is necessary to the case.

Question 9

What must a court have to join an absentee’s claim?

Answer 9

(1) PJ over the absentee; and
(2) SMJ over the claim by or against the absentee.

Question 10

What if an absentee is necessary and cannot be joined?

Answer 10

The court must determine if they will proceed without the absentee OR dismiss the entire case.

Question 11

What will the court consider in determining if a case can proceed without an absentee?

Answer 11

1. If there is an alternative forum available;
2. If actual harm to the absentee is likely; and
3. If the Court can shape relief to avoid any harm to the absentee.

Question 12

If the court determines to dismiss rather than proceed without the absentee, then the absentee is called…

Answer 12

indispensable.

Question 13

What is a counterclaim?

Answer 13

A claim brought by the Defendant against the Plaintiff.

Question 14

A counterclaim is typically asserted in the…

Answer 14

Defendant’s answer

Question 15

Does the Plaintiff have to respond to the counterclaim asserted?

Answer 15

Yes, within 21 days of service of the counterclaim.

Question 16

A comulsory counterclaim is one that…

Answer 16

arises out of the same transaction or occurrence as the Plaintiff’s case.

Question 17

What is important about compulsory counterclaims?

Answer 17

If they are not asserted in the same T/O suit, then it is waived.

Question 18

What is a permissive counterclaim?

Answer 18

One that does not arise from the same transaction or occurrence as the Plaintiff’s claim.

Question 19

What is a crossclaim?

Answer 19

A claim against a co-party, arising from the same transaction or occurrence as the underlying case.

Question 20

Is a crossclaim ever compulsory?

Answer 20

NO

Question 21

What is an impleader claim?

Answer 21

One where a defending party brings in a new party.

Question 22

What is intervention?

Answer 22

When a nonparty absentee uses intervention to bring herself into the suit.

Question 23

(TRUE/FALSE) Intervention is always permissive.

Answer 23

FALSE. An intervening party can be necessary/required.

Question 24

What are the requirements for a class action suit?

Answer 24

1. Numerosity (too many for practical joinder of claims);
2. Commonality (common issue to all of class members);
3. Typicality (class reps claim must be typical of all members);
4. Adequate representative (rep adequately represents the class) .

Question 25

What is a prejudice class action?

Answer 25

When class treatment is necessary to prevent harm or prejudice to the class members or nonclass party.

very rare

Question 26

What is an injuctive or declaratory relief class action?

Answer 26

When the Defendant treated the class members alike, so class members are seeking an injunction or declaratory relief.

e.g., employees seeking vacation time from employer

Question 27

What is a common question or damages class action?

Answer 27

When common questions predominate over individual ones and a class action would be the superior method for handling a dispute.

e.g., mass tort action from a bus accident

Question 28

To have a valid class action suit, the court must first…

Answer 28

certify the class action.

They will define the class, claims, issues and defenses; and appoint class counsel.

Question 29

Class certification (IS/IS NOT immediately appealable.

Answer 29

IS

Question 30

In a common question or damages class action, the court must…

Answer 30

notify all reasonably identifiable class members by mail of the suit.

Question 31

A class action may only be settled or dismissed with…

Answer 31

court approval.

Question 32

What is the Class Action Fairness Act?

Answer 32

An act that allows for a special grant of SMJ in federal court. Allowed when a class is 100+ members and any class member is diverse from any D. The aggregated clams must exceed $5 million.

Question 33

Interpleader is…

Answer 33

an action in equity in which a third party who holds property on behalf of another compels the parties who claim the property to litigate the claim so the court can settle their rights.

Question 34

Interpreader under the Statuatory Interpleader Act requires…

Answer 34

(1) minimal diversity among the competing claimants;
(2) where the property in dispute is worth at least $500.

Question 35

Minimal diversity means that …

Answer 35

at least two competing claimants are citizens of different states.

Question 36

(TRUE/FALSE): A stakeholder’s citizenship does not matter for minimal diversity purposes.

Answer 36

TRUE.

Question 37

Rule 22 Interpleader requires…

Answer 37

(1) Complete diversity; and
(2) An amount in controversiy greater than $75,000.

Question 38

Under Rule 22 Interpleader, a Plaintiff must…

Answer 38

allege that it is or may be exposed to multiple liability if the claims being asserted were to be brought in separate lawsuits.

Question 39

Under the Statuatory Interpleader Act, the Plaintiff must…

Answer 39

aver that there are two or more adverse claimants who are claiming or may claim the same money or property.