Joinder Flashcards
Basic Idea
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
Claim Joinder by Plaintiff
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
Proper plaintiffs and Defendants
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
Necessary and indispensable parties (three questions)
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?
Is the absentee necessary tests. (Necessary and indispensable parties)
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
Can the absentee be joined? (Necessary and indispensable parties)
Feasible if:
1) There is PJ over the absentee; AND
2) There will be SMJ over the claim by or against the absentee
What if absentee cannot be joined? (and factors) (necessary and indispensable parties)
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?
Types of Claim Joineder by Defendant
Counterclaims and crossclaimsCo
Counterclaims
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
Two types of counterclaims
Compulsory and permissive
Compulsory Counterclaims
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.
Permissive Counterclaims
One that does NOT arise from the same T/O. Permissive means claim is NOT waived if D doesn’t file with this case.
Crossclaims
A defendant joineder claim against a coparty. Must arise from same T/O. Not compulsory.
Impleader (Third party practice)
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)
Is impleader compulsive or permissive?
Permissive
Process for impleading TPD into the case
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.
Can the plaintiff and TPD assert claims after the TPD is joined?
Yes subject to T/O. SMJ required.
Intervention Definition
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”
Intervention of right
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”
Permissive INtervention
Claim/defense has at least one common question of law or fact, it’s permissive.
Discretionary with court. Usually allowed unless delay or prejudice.
Class Actions Initial Requirements
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
Types of class action
1) Prejudice
2) Injuctive or declaratory relief
3) common questions or damages
(Type 1) Prejudice Class Action
Class treatment is necessary to avoid harm either to class members or to the non-class party
(rare)
(type 2) Injunctive or declaratory relief class action
Seeks an injunction or a declaratory judgment b/c the D treated the class members alike.
Ps generally cannot seek money damages.
(type 3) Common questions or damages class action
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
Court Certification of Class Action
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
Notice to Class
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
Opt out and binding effect of Class Action judgment
Type 1 and Type 2: no right to opt out
Type 3: All members bound by judgment unless they opted out
Settlement of class action
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.
Diversity SMJ in class actions
For diversity, only citizenship of class rep is considered, and her claim msut exceed 75k. Other claims are ignored.
Class Action Fairness Act (CAFA)
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.
