Joinder

Question 1

Basic Idea

Answer 1

Define the scope of the case - how many parties and claims can be joined in one case?

Joined must be allowed under Federal Rules, and there must be SMJ over the case

Question 2

Claim Joinder by Plaintiff

Answer 2

Easy under FRCP. P may join any additional claim she has against that adverse party, even if unrelated to the original claim. BUT MUST HAVE SMJ

Question 3

Proper plaintiffs and Defendants

Answer 3

Claim by multiple Ps or against multiple Ds must
1) arise from the same t/o
2) raise at least one common question of law or fact

Question 4

Necessary and indispensable parties (three questions)

Answer 4

After case has been filed, court might force a non-party to join the case, usually on motion by D.

Three questions:
1) Is the absentee necessary?
2) If so, can the absentee be joined? AND
3) If absentee can’t be joined, can the case proceed anyway?

Question 5

Is the absentee necessary tests. (Necessary and indispensable parties)

Answer 5

One of three tests:
1) Without the absentee, the court cannot accord complete relief among the existing parties; OR
2) the absentees interests may be harmed if she is not joined; OR
3) the absentee claims an interest that subjects a party (usually the D) to a risk of multiple obligations

Joint tortfeasors are NEVER necessary

Question 6

Can the absentee be joined? (Necessary and indispensable parties)

Answer 6

Feasible if:
1) There is PJ over the absentee; AND
2) There will be SMJ over the claim by or against the absentee

Question 7

What if absentee cannot be joined? (and factors) (necessary and indispensable parties)

Answer 7

Court must determine whether to proceed without the absentee or dimiss the case.

Factors:
1) Is there an alternative forum available?
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?

Question 8

Types of Claim Joineder by Defendant

Answer 8

Counterclaims and crossclaimsCo

Question 9

Counterclaims

Answer 9

Defendant Joinder: A claim against an opposing party.
Part of D’s answer.
P must repond under Rule 12 within 21 ways of service.w

Question 10

Two types of counterclaims

Answer 10

Compulsory and permissive

Question 11

Compulsory Counterclaims

Answer 11

One that arises from the same T/O as the Ps claim.
Unless the counterclaimant has already filed the claim in another case, she MUST file it here or the claim is waived.

Question 12

Permissive Counterclaims

Answer 12

One that does NOT arise from the same T/O. Permissive means claim is NOT waived if D doesn’t file with this case.

Question 13

Crossclaims

Answer 13

A defendant joineder claim against a coparty. Must arise from same T/O. Not compulsory.

Question 14

Impleader (Third party practice)

Answer 14

Defending party (usually D) brings in new party.

Used to shift the liability that D will owe the plaintiff.

Can lead to Indemnity (pay all) or contribution (pay part)

Question 15

Is impleader compulsive or permissive?

Answer 15

Permissive

Question 16

Process for impleading TPD into the case

Answer 16

D must
1) file a third party complaint naming the TPD AND
2) have that complaint forrmally served on the TPD

Right to implead within 14 days of serving the answer. After that, need court permission.

Question 17

Can the plaintiff and TPD assert claims after the TPD is joined?

Answer 17

Yes subject to T/O. SMJ required.

Question 18

Intervention Definition

Answer 18

A nonparty absentee uses intervention to bring herself into the case. Can come in as a plaintiff or defendant, but court may realign.

Must be timely

May be “of right” or “permissive”

Question 19

Intervention of right

Answer 19

If
1) absentee’s interest may be harmed if she isn’t joined AND
2) interest is not adequately represented by the current parties
then intervention is “of right”

Question 20

Permissive INtervention

Answer 20

Claim/defense has at least one common question of law or fact, it’s permissive.

Discretionary with court. Usually allowed unless delay or prejudice.

Question 21

Class Actions Initial Requirements

Answer 21

Four things must be demonstrated:
1) Numerosity - too many class members for practicable joinder
2) Commonality - some issue in commmon
3) Typicality - Class rep’s claims are typical of the claims of the class
4) Adequate representative - class rep will fairly and adequalty represent case

Question 22

Types of class action

Answer 22

1) Prejudice
2) Injuctive or declaratory relief
3) common questions or damages

Question 23

(Type 1) Prejudice Class Action

Answer 23

Class treatment is necessary to avoid harm either to class members or to the non-class party

(rare)

Question 24

(type 2) Injunctive or declaratory relief class action

Answer 24

Seeks an injunction or a declaratory judgment b/c the D treated the class members alike.

Ps generally cannot seek money damages.

Question 25

(type 3) Common questions or damages class action

Answer 25

1) Common questions must predominate over individual questions AND
2) the class action is a superior method to handle the dispute

Usually for mass torts

Most common

Question 26

Court Certification of Class Action

Answer 26

Court must grant the motion to certify action as a class action.

Court must:
1) Define the class and the class claims, issues, or defenses; AND
2) Appoint class counsel, who must fairly and adequately represent the interests of the class

Losing party can appeal

Question 27

Notice to Class

Answer 27

In Type 3 Class Action, court must notify class members that they are in a class. Individual notice, isually mail, paid or by rep.

Tells members:
1) they can opt out
2) Will be bound by the judgment if they don’t opt out; AND
3) can enter a seperate apperance throught counsel.

Notice not required for type 1 and 2

Question 28

Opt out and binding effect of Class Action judgment

Answer 28

Type 1 and Type 2: no right to opt out

Type 3: All members bound by judgment unless they opted out

Question 29

Settlement of class action

Answer 29

Can only settle or dismiss with court approval.
Court must give notice to class members and get feedback on whether the case should be settled or dismissed.

If type 3, court may refuse to approve the settlement unless members are given a second chamnce to opt out.

Question 30

Diversity SMJ in class actions

Answer 30

For diversity, only citizenship of class rep is considered, and her claim msut exceed 75k. Other claims are ignored.

Question 31

Class Action Fairness Act (CAFA)

Answer 31

Grants SMJ separate from diversity jurisdiction. Lets a federal court hear a class action if:
1) THere are at least 100 members
2) Any calss member, not just hte rep, is ofdiverse citizenship of ANY defendant; AND
3) The aggregated claims of the class exceed 5m

Any defendant may remove the case from state to federal court.

Local actions will stay local.