Joinder Flashcards
Joinder of claims: Generally
There is no limit to the joinder of claims whether or not they are related, unlimited.
Parties may be joined IF: Generally
- The claims involving those parties derive from the same transaction or occurrence, OR
- at least the same SERIES of transactions or occurrences.
Two Kinds of Counterclaim
Compulsory: Derives from the same transaction or occurrence as P’s claim. Therefore it must be filed in the answer or be waived.
- Compulsory CCs always have supplemental jurisdiction
Permissive: Does not derive from the same transaction or occurrence as P’s claim. Free to file in separate action.
Counterclaim: Jurisdiction
If arising under, then Claims may be joined. Can be assumed on final.
Supplemental Jurisdiction only applies for PLNTF claims if the (b) bar doesn’t apply. “If the only primary basis for jurisdiction on the final is diversity, there can be no Supplemental Jurisdiction over claims brought by the PLNTF or new PLNTFs against non-diverse parties.”
(b) bar does not preclude Defendants, so Compulsory counterclaims always have Supplemental Jurisdiction
Crossclaims Generally
Filed by one Defendant against existing Co-Defendant.
Allowed If derived from the same conduct, occurrence, or transaction that is the subject of the lawsuit.
Impleader Generally
3rd party claim where Defendant files new claim against new 3rd party.
You may implead a new claim against a new 3rd party if they may be liable to you for ALL OR PART of the same liability to the PLNTF (all = indemnity; part = contribution)
Always has Supplemental Jurisdiction (same occurrence, Def filing)
Intervention Generally: Right and Permissive
Non-party files Motion to Intervene, becoming a new party.
Intervention as of right: If Intervenor can show an interest in the lawsuit which as a practical matter will be adversely affected by the lawsuit and not protected by the parties.
Permissive intervention: Court has discretion to grant if (1) there is a commonality of issues between those in the ongoing suit and those affecting the intervenor.
Generally (b)bar blocks intervenor claims because they usually come in as PLNTFs. If they come in as a Defendant, Supplemental Jurisdiction may apply.
Indispensable Party:
A non-party whose absence from the suit is so prejudicial to any party’s right to a full and fair adjudication that the court in EQUITY and GOOD CONSCIENCE cannot go on without them. The court must either add them or dismiss the entire lawsuit.
Motion 12(b)(7): Failure to Join an Indispensable Party
- Is the non-party’s absence unduly prejudicial to any party’s right to a full and fair adjudication?
- If so, then the court may force the joinder of that non-party either as P or D - BUT, non-party cannot be joined if there is no SMJ over their claims.
- Only if they are joining as a PLNTF because of (b)bar. - If so, court must use it’s EQUITY and GOOD CONSCIENCE to decide whether to dismiss the entire lawsuit.
Interpleader:
Common Fund + Rival Claimants
One may interplead all of the rival claimants to a common fund.
On Exam: Likely an insurance company or other trustee of a common fund. Rather than waiting to be sued by multiple claimants, will come to court as a PLNTF interpleading all claimants to determine which claimants get what share of the fund.
Statutory interpleader (minimal diversity + 500$ at issue)
Interpleader:
Common Fund + Rival Claimants
One may interplead all of the rival claimants to a common fund.
On Exam: Likely an insurance company or other trustee of a common fund. Rather than waiting to be sued by multiple claimants, will come to court as a PLNTF interpleading all claimants to determine which claimants get what share of the fund.
Statutory interpleader (minimal diversity + 500$ at issue)
Statutory Interpleader Diversity
Diversity for interpleader if
1. 500$ or more
2. More importantly, any two of the rival claimants must be from rival states (minimal diversity)
Class Action Jurisdiction: Statutory Jurisdiction, Arising Under, Diversity
If all the claims are arising under or diverse then good.
In a class action: Only the NAMED parties claims and citizenship matter
1. Citizenship + $75k+
CAFA: Statutory jurisdiction
1. 100 or more class members
2. Seeking $5mil+
3. If any single Plaintiff is from a different state than any single Defendant
Class Action Due Process:
In order for a class action to be binding there must be due process.
In CA, due process requires:
1. Class members must receive ADEQUATE REPRESENTATION of their interests
- For class actions seeking primarily money, they must receive more than adequacy.
a. Adequate representation
b. Notice
c. right to opt out
d. right to opt in
When should a court grant or deny a motion for Class Action certification (4 core requirements)
C.A.N.T.(P.S. for money)
Commonality: Common issue of fact or law
Adequacy: Named PLNTF and class counsel fairly and adequately represents class.
Numerosity: Class is so numerous (40 or more) that joinder is impractical.
Typicality: Claims of the named PLNTF is typical for the class.
What kind of class action (3 kinds)
Prejudice Class: Risk of undue prejudice to anyone involved from individual lawsuits, very rare. (CANT)
Injunction Relief: Class wants injunction and only an injunction. Also very rare. (CANT)
Seeking Primarily Monetary Damages: (C.A.N.T.P.S)
1. (C.A.N.T)
2. Predominance: The common issues predominate the merely individual issues 3. Superiority: Class action is the best way to adjudicate these claims vs settlement, adjudication, etc.
