Joinder

Question 1

What is the basic idea of Joinder?

Answer 1

Defines the scope of the case - how many parties and claims can be joined in one case.

Question 2

What two things must be true for every claim to be joined in federal court?

Answer 2

(1) joinder must be allowed by the Federal Rules; and

2) There must be SMJ over the case.

Note. You need SMJ, PJ, and venue. But venue has already been approved at this point, and the court already has PJ over the P and the D. So we just need to worry about PJ over non-original parties (absentee and TPD)

Question 3

How can a P join other claims under FRCP?

Answer 3

P (Anyone asserting a claim) may join any additional claim she has against that adverse party—even if the additional claim is unrelated to the original claim. (must also have SMJ).

Question 4

What is the rule for joining multiple Ps and Ds?

Answer 4

Claims by multiple plaintiffs or against multiple defendants must:

(1) Arise from the same transaction or occurrence (“T/O”); and

(2) Raise at least one common question of law or fact.

Question 5

What are the three steps to ask yourself with a Rule 19 necessary and indispensable party?

Answer 5

1. “Should” - Is the absentee necessary (or “required”)?;
2. “Can” - If the absentee is necessary, can the absentee be joined?; and
3. “But what if” - If the absentee can’t be joined, can the case proceed anyway?

Question 6

Under FRCP 19, when is the absentee “necessary” or required?”

Answer 6

1. Without the absentee, the court cannot accord complete relief among the existing parties (worried about multiple suits); or
2. The absentee’s interest may be harmed if she is not joined; (most likely on exam) or
3. The absentee claims an interest that subjects a party (usually the defendant) to a risk of multiple obligations.

Question 7

Are joint tortfeasors necessary under FRCP 19?

Answer 7

Never.

Question 8

Under FRCP 19, when “can” an absentee be joined? In other words, when is joinder feasible?

Answer 8

Joinder is feasible if:

(1) There is PJ over the absentee; and

If the absentee is (1) served within a district of the US and (2) not more than 100 miles from where the summons was issued, there is PJ over the absentee regardless of contacts with the forum. Otherwise, you need traditional contacts-based PJ.

(2) There will be federal SMJ over the claim by or against the absentee.

In determining whether the claim invokes diversity, the court “aligns” the absentee as a P or D based on the absentee’s interest.

Result: If joinder of the absentee is feasible, the absentee is simply joined to the case.

.

Question 9

Under FRCP 19, what happens if the absentee cannot be joined?

Answer 9

Proceed without the absentee or dismiss the entire case.

Factors:
1. Is there an alternative forum available? (maybe some state court);
2. What is the actual likelihood of harm to the absentee?; and
3. Can the court shape relief to avoid that harm to the absentee?

But if the court decides to dismiss rather than proceed without the absentee, the absentee is called “indispensable.”

Question 10

Which counterclaims are compulsory and which are permissive?

Answer 10

Compulsory counterclaim is one that arises from the same T/O as the P’s claim. (Unless the counterclaimant has already filed the claim in another case).

Permissive counterclaim is one that does not arise from the same T/O as the P’s claim.

Question 11

Does a counterclaim have to have SMJ?

Answer 11

YES!

Question 12

What is a crossclaim and what are its requirements?

Answer 12

A claim against a coparty.

It must arise from the same T/O as the underlying action.

Permissive.

+SMJ.

Question 13

What is an impleader?

Answer 13

Where a defending party is bringing in a new party. An impleader claim is used to shift to the TPD the liability that the defendant will owe to the plaintiff. (also called a third-party claim).

The party bringing the claim is called a third party P (“TPP”) and the new party is called a third-party D (“TPD”).

Requirement: The third-party must be wholly or partly liable to the D.

+ SMJ.

Permissive.

Question 14

What are indemnity and contribution?

Answer 14

Frequently found in impleader claims.

Indemnity shifts liability completely (so the TPD must cover the full claim).

Contribution shifts it pro-rata (so the TPD must cover a pro-rata portion of the claim).

Question 15

Which claims are compulsory and which are permissive?

Answer 15

The only compulsory claim is the compulsory counterclaim.

Question 16

What is the process for impleading a TPD into the case?

Answer 16

The D must:
(1) file a third-party complaint naming the TPD, and

(2) have that complaint formally served (same rules as original) on the TPD.

There is a right to implead within 14 days of serving the answer. After that, court permission is needed.

Question 17

Can the TPD and P assert claims against each other?

Answer 17

Yes. If out of the same T/O as the underlying case.

+ SMJ.

Like an absent party, there is PJ over an impleaded party if he is
served in a district in the United States and not more than 100 miles
from the federal court that issued the summons regardless of his contacts with the forum. If more than 100 miles, there must be traditional
contacts-based PJ.

Question 18

What is intervention of right?

Answer 18

If (1) the absentee’s interest may be harmed if she is not joined, and
(2) that interest is not adequately represented by the current parties,
intervention is “of right.”

+ SMJ (venue is already checked and the intervenor consents to PJ).

Question 19

What is permissive intervention?

Answer 19

If the absentee’s claim or defense and the pending case have at least
one common question of law or fact, intervention would be permissive
and discretionary with court. Permissive intervention is usually
allowed unless it would cause delay or prejudice to someone.

+ SMJ (venue is already checked and the intervenor consents to PJ).

Question 20

What is interpleader?

Answer 20

An interpleader suit permits a person/
stakeholder to require two or more adverse claimants to the stake to
litigate among themselves to determine which, if any, has the valid claim
to it.

Question 21

Under Interpleader rules, what effect, if any, does a stakeholder that is disinterested have?

Answer 21

Disinterested Stakeholder (no claim in stake):
- Statutory interpleader unavailable if all D’s from same state b/c stakeholder not considered claimant.
- Rule 22 interpleader still available.

Interested Stakeholder (claim in stake):
- Statutory interpleader available if adverse claimants from different states (stakeholder is a claimant).
- Rule 22 interpleader still available.

Ex: Insurance Company, a State A citizen, is unsure to which claimant it should pay $80,000 of life insurance proceeds. The company makes no claim to the insurance proceeds. All potential claimants to the life insurance policy are citizens of State B.
- Statutory interpleader is not available because no two contending claimants are diverse, but Rule 22 interpleader is available because complete diversity exists between the insurance company plaintiff and all claimant-defendants, and the amount in controversy exceeds $75,000.
- If Insurance Company were to make a claim against the proceeds, most courts would hold that statutory interpleader would be available, as the insurance company would then be considered a contending claimant.

Question 22

What are the 3 main requirements to have a class action?

Answer 22

(1) Satisfy the initial 4 requirements.

(2) Fall into 1/3 types of class actions.

(3) Judge must certify the case, define the class and claims, and appoint class counsel.

Question 23

What are the four requirements to qualify for a class action?

Answer 23

1. Numerosity: too many class member for practicable joinder. No magic number.
2. Commonality: Some issue in common to all class members. (resolution for everyone at once).
3. Typicality: Rep’s claims are typical of the claims of the class.
4. Representative Adequate: Class rep will fairly and adequately represent the class.

Question 24

What does the court have to do for class actions to begin?

Answer 24

(1) Certify the class.

(2) Define the class and the class claims, issues, or defenses; and

(3) Appoint class counsel, who must fairly and adequately represent the interests of the class.`

Question 25

Can class action determinations be appealed?

Answer 25

Yes. However the court rules on the certification motion, the losing party can seek review from the court of appeals. It’s discretionary with the court of appeals.

Question 26

When is notice to the class required in class action, and what kind of notice is required?

Answer 26

Type 3 - Common Question and Damages.

Must notify the class member that they are in a class.

Means ind. notice (usually by mail) to all reasonably identifiable members.

The notice, paid for by the rep, tells the class member various thiings, including that they (1) can opt out, (2) will be bound by the judgment if they don’t opt out; and (3) can enter a seprerate appearance through counsel.

Question 27

When are members allowed to opt out of class actions?

Answer 27

Type 3 - Common Question and Damages only.

Members are bound by class actions unless they opt out.