Joinder Flashcards
when may a plaintiff join claims against an adverse party? (claim joinder by plaintiff)
plaintiff may join ANY additional claim they have against the adverse party (even if unrelated) if there is proper SMJ over the new claim
what are the 2 requirements for claim joinder in cases with multiple plaintiffs/defendants?
claims by multiple plaintiffs or against multiple defendants must…
1) arise from the same transaction or occurrence, and
2) raise at least one common question of law or fact
what 3 questions do we ask when joining necessary parties?
1) is the absentee necessary?
2) if so, can they be joined?
3) if they can’t, can the case proceed anyway?
what are the 3 tests for determining whether a party is “necessary”?
(any one works)
1) without the absentee, court cannot accord complete relief among existing parties
2) absentee’s interest may be harmed if they aren’t joined (MOST COMMON)
3) absentee claims an interest that subjects parties to a risk of multiple obligations (inconsistent liability)
what kind of absentee is never necessary?
joint tortfeasors
what are the 2 requirements for feasible joinder of a necessary absentee?
1) must be PJ over the absentee
2) must be SMJ over the claim by or against the absentee
what are the court’s options if a necessary party can’t be joined?
court can either proceed without them or dismiss the entire case
what factors does the court consider when a party can’t be joined? (deciding between dismissal or continuing case)
1) is there an alternative forum available?
2) what is the actual likelihood of harm to the absentee?
3) can the court shape relief to avoid that harm to the absentee?
when will PJ over a necessary absentee always be present (regardless of contacts)?
if they are served within a district of the US and are not more than 100 miles from where the summons was issued
what is the difference between a necessary party and an indispensable party?
necessary = absentee doesn’t always have to be joined for the case to proceed
indispensable = absentee must be joined in order for case to proceed (if can’t be joined, court dismisses case)
what kind of absentee is a basis for dismissal under Rule 12?
an indispensable party
what is a compulsory counterclaim?
a counterclaim that arises from the same transaction or occurrence as the plaintiff’s claim
what is the effect of a defendant’s failing to file a compulsory counterclaim?
unless claim is already filed in another case, D must file in current case OR the claim is waived
what is a permissive counterclaim?
claim that does NOT arise from same T/O as P’s claim (not required to file in this case)
what is a crossclaim?
a claim against a co-party that MUST arise from the same T/O as the underlying action
**NOTE = never compulsory
what is impleader?
where defending party brings in a new party (usually to shift liability to 3d party defendant)
**NOTE = look for claims for indemnity or contribution
what is the difference between indemnity and contribution? (impleader)
indemnity shifts liability completely and contribution shifts liability pro rata (proportionally)
what is the process for impleading a third party defendant (TPD) in a case?
defendant must…
1) file 3d party complaint naming TPD, and
2) have complaint formally served on TPD
when does a defendant have a right to implead TPDs?
within 14 days of serving their answer (after this, court permission is needed)
what are the 2 requirements for claims between TPDs and Ps?
1) claims must arise out of the same T/O as the underlying case AND
2) all claims must have SMJ
when is there always PJ over an impleaded party (regardless of contacts)?
if they are served within district of US and are not more than 100 miles from the court that issued the summons
when is intervention as of right? (2 requirements)
1) if an absentee’s interest may be harmed if they’re not joined AND
2) the interest is not adequately represented by current parties…
intervention is of RIGHT
when is intervention permissive?
if absentee’s claim/defense and the pending case have at least one common question of law/fact **NOTE = discretionary with the court (but usually allowed unless would cause delay or prejudice party)
what are the 4 requirements for class actions?
1) numerosity = too many ppl for joinder
2) commonality = some issue common to all members
3) typicality = class reps claims are typical of the class
4) rep adequate = class reps will fairly and adequately rep the class
what is a type 1 class action? (prejudice)
class treatment is necessary to avoid harm/prejudice either to class members or to the nonclass party
**NOTE = this type is RARE
what is a type 2 class action? (injunctive/declaratory relief)
class action that seeks injunctive relief or declaratory judgment because the defendant treated the class members alike
**NOTE = plaintiffs can generally not seek damages
what is a type 3 class action? (common Q or damages)
class action where
1) common questions predominate over individual questions, AND
2) class action is the superior method to handle dispute
(frequently used for mass torts)
what are the two additional requirements for type 3 class actions?
1) individual notice
2) opportunity to opt out
what must “individual notice” include for type 3 class actions? (3)
must be individual notice (usually by mail) to all reasonably identifiable members that tells them…
1) they can opt out
2) they will be bound by judgment if they don’t opt out
3) they can enter a separate appearance thru counsel
what must a court do in order to certify a class?
court must (in its grant of class certification)…
1) define the class claims, issues, defenses, AND
2) appoint class counsel (who must fairly and adequately represent class interests)
what is the special rule for large class actions and diversity jurisdiction? (3 rqmts)
CAFA relaxed diversity requirements for certain class actions…
1) at least 100 members
2) ANY class member is diverse from ANY defendant (NON-complete div)
3) aggregated claims of class exceed 5 million dollars
what is the general rule for class actions and diversity jurisdiction? (smaller classes)
only the citizenship of the class rep is considered and that rep’s claim must exceed 75k (claims of other members are ignored)
