Joinder

Question 1

Joinder of Claims

Answer 1

Generally, a plaintiff may join as many claims as they have - no connection is required

Question 2

Joinder of Parties

Answer 2

a litigant or the court may join parties if the claims involving that party derive from the same transaction or occurrence or at least the same series of transaction

NOTE – the court may also compel the joinder of any party necessary for full and fair adjudication

Question 3

Counterclaims

Answer 3

permissive – don’t derive from the same transaction or occurrence – may be filed

compulsory – derive from the same transaction or occurrence – must be filed or waived

Question 4

Cross Claims

Answer 4

Under GA law, cross claims are permissive (indemnity and contribution generally are)

HOWEVER, once a cross claim is asserted, the party must join all related clams (including indemnity and contribution) or else they are lost due to claim preclusion

NOTE — Ga has eliminated joint and several liability among joint tortfeasors, therefore there is no longer a need for a defendant to make a cross claim on the theory of contribution

Question 5

Impleader (third party claim)

Answer 5

A defendant may implead a new third party if the new party may be liable to them for all or part of the same liability to the plaintiff

TIMING – the defendant has 10 days to implead a third party without notice of leave. After this period, notice to all parties and leave of court is required.

Question 6

Interpleader

Answer 6

The holder of a common fund may file as a plaintiff and interplay as defendants all rival claimants to its common fund

Question 7

Intervention

Answer 7

AS OF RIGHT – intervention as of right is available only when the intervening party’s interests, as a practical matter, is adversely affected and not protected by the parties

PERMISSIVE – permissive intervention is discretionary with the court and requires a commonality of issues between those in the suit and those affecting the intervenor

Question 8

Class Actions

Answer 8

The requirements for class actions are the same as in federal court - however, GA does not allow for another opt out opportunity upon settlement

Question 9

Certification of Class

Answer 9

COMMONALITY – common issues of law or fact must be present
ADEQUACY – the named representative will fairly and adequately protect the class
NUMEROSITY – the class must be so numerous that joinder is impracticable (more than 40 usually)
TYPICALITY – claims of the representatives are typical of the class

additional requirements when the class seeks money:
1) predominance – the common issues must predominant
2) superiority – the class action must be a superior method to other forms of litigation