Joinder Flashcards
Joinder - Proper Plaintiffs and Defendants
Parties may permissively join as plaintiffs (or be joined as defendants) whenever (i) some claim is made by each plaintiff and against each defendant relating to or arising out of the same series of occurrences or transactions; and (ii) there is at least one common question of law or fact.
Mandatory Joinder
Parties must be added to a suit when the absent party is a necessary and indispensable party. [Step One] A party is necessary when that party has an interest in the case that might be impaired if left out; if complete relief cannot be issued in the party’s absence; or if current parties would be subject to duplicative liability. [Step Two] If the absent party is necessary, the court must be added unless the federal court lacks personal jurisdiction over the missing party or diversity of citizenship jurisdiction would be destroyed. [Step Three] If the necessary party cannot be joined, the court must consider whether they are indispensable which requires the court to consider the extent of prejudice to the missing party.
Class Actions
One person, acting as a representative, can litigate on behalf of the class if a class can be formed and the action brought is proper for resolution via class action.
Class Action Formation
A class action can be formed when several requirements are met: numerosity, commonality, typicality, and representativeness. Numerosity is such that there are so many claimants that joinder is impracticable. Commonality focuses on the common questions of law or fact to the class. Typicality states that the claims are such that are typical of class members ensuring that representative will have an incentive to litigates. Representativeness ensures that parties will fairly and adequately protect the interests of the class.
Claim Joinder - Multiple Claims
Plaintiff may join any additional claim she has against the adverse party, even if it is unrelated to the original claim, but there must be subject matter jurisdiction over the additional claim.
Compulsory Counterclaims
A compulsory counterclaim is one that arises from the same transaction or occurrence as plaintiff’s claim against defendant. If defendant does not file the compulsory counterclaim, defendant forfeits the compulsory counterclaim unless there was no answer required.
Permissive Counterclaims
A permissive counterclaim is one that does not arise from the same transaction or occurrence as the plaintiff’s claim. A party is not required to file permissive counterclaims in the pending case and may sue on permissive counterclaims in a separate case.
Crossclaims
A crossclaim is a claim against a co-party. Crossclaims are allowed if it arises from the same transaction or occurrence underlying one of plaintiff’s claims. Crossclaims are not compulsory and may be filed in another case.
Impleader
An impleader claim results when a defending party asserts a claim against a third-party alleging that the third-party is partially or wholly liable to the plaintiff. A defendant has a right to implied within 14 days of serving an answer, otherwise leave of court is required.
Process of Impleading
Defendant:
1. File a third-party complaint naming the third-party defendant; and
2. Have the complaint formally served on the third-party defendant.
Indemnity vs. Contribution
Indemnity shifts liability completely making the third-party defendant fully responsible. Contribution shifts liability pro-rata such that the third-party defendant must cover a portion of the claim.
Intervention of Right
A non-party that is interested, but has not been joined must be permitted to intervene upon timely application when the non-party claims an interest relating to the subject matter of the action and without intervention, there is a risk that the non-party may not be able to protect that interest.
Permissive Intervention
A non-party that is interested, but has not been joined may be joined upon timely application and at the court’s discretion. The non-party may intervene with a claim or defense that shares with the main action a common question of law or fact.
Interpleader
An interpleader suit permits a person or stakeholder to require two or more adverse claimants to the stake to litigate amongst themselves to determine which, if any, has the valid claim to it.
