Joinder

Question 1

when may a plaintiff join claims against an adverse party? (claim joinder by plaintiff)

Answer 1

plaintiff may join ANY additional claim they have against the adverse party (even if unrelated) if there is proper SMJ over the new claim

Question 2

what are the 2 requirements for claim joinder in cases with multiple plaintiffs/defendants?

Answer 2

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

Question 3

what 3 questions do we ask when joining necessary parties?

Answer 3

1) is the absentee necessary?
2) if so, can they be joined?
3) if they can’t, can the case proceed anyway?

Question 4

what are the 3 tests for determining whether a party is “necessary”?

Answer 4

(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)

Question 5

what kind of absentee is never necessary?

Answer 5

joint tortfeasors

Question 6

what are the 2 requirements for feasible joinder of a necessary absentee?

Answer 6

1) must be PJ over the absentee
2) must be SMJ over the claim by or against the absentee

Question 7

what are the court’s options if a necessary party can’t be joined?

Answer 7

court can either proceed without them or dismiss the entire case

Question 8

what factors does the court consider when a party can’t be joined? (deciding between dismissal or continuing case)

Answer 8

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?

Question 9

when will PJ over a necessary absentee always be present (regardless of contacts)?

Answer 9

if they are served within a district of the US and are not more than 100 miles from where the summons was issued

Question 10

what is the difference between a necessary party and an indispensable party?

Answer 10

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)

Question 11

what kind of absentee is a basis for dismissal under Rule 12?

Answer 11

an indispensable party

Question 12

what is a compulsory counterclaim?

Answer 12

a counterclaim that arises from the same transaction or occurrence as the plaintiff’s claim

Question 13

what is the effect of a defendant’s failing to file a compulsory counterclaim?

Answer 13

unless claim is already filed in another case, D must file in current case OR the claim is waived

Question 14

what is a permissive counterclaim?

Answer 14

claim that does NOT arise from same T/O as P’s claim (not required to file in this case)

Question 15

what is a crossclaim?

Answer 15

a claim against a co-party that MUST arise from the same T/O as the underlying action
**NOTE = never compulsory

Question 16

what is impleader?

Answer 16

where defending party brings in a new party (usually to shift liability to 3d party defendant)
**NOTE = look for claims for indemnity or contribution

Question 17

what is the difference between indemnity and contribution? (impleader)

Answer 17

indemnity shifts liability completely and contribution shifts liability pro rata (proportionally)

Question 18

what is the process for impleading a third party defendant (TPD) in a case?

Answer 18

defendant must…
1) file 3d party complaint naming TPD, and
2) have complaint formally served on TPD

Question 19

when does a defendant have a right to implead TPDs?

Answer 19

within 14 days of serving their answer (after this, court permission is needed)

Question 20

what are the 2 requirements for claims between TPDs and Ps?

Answer 20

1) claims must arise out of the same T/O as the underlying case AND
2) all claims must have SMJ

Question 21

when is there always PJ over an impleaded party (regardless of contacts)?

Answer 21

if they are served within district of US and are not more than 100 miles from the court that issued the summons

Question 22

when is intervention as of right? (2 requirements)

Answer 22

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

Question 23

when is intervention permissive?

Answer 23

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)

Question 24

what are the 4 requirements for class actions?

Answer 24

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

Question 25

what is a type 1 class action? (prejudice)

Answer 25

class treatment is necessary to avoid harm/prejudice either to class members or to the nonclass party
**NOTE = this type is RARE

Question 26

what is a type 2 class action? (injunctive/declaratory relief)

Answer 26

class action that seeks injunctive relief or declaratory judgment because the defendant treated the class members alike
**NOTE = plaintiffs can generally not seek damages

Question 27

what is a type 3 class action? (common Q or damages)

Answer 27

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)

Question 28

what are the two additional requirements for type 3 class actions?

Answer 28

1) individual notice
2) opportunity to opt out

Question 29

what must “individual notice” include for type 3 class actions? (3)

Answer 29

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

Question 30

what must a court do in order to certify a class?

Answer 30

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)

Question 31

what is the special rule for large class actions and diversity jurisdiction? (3 rqmts)

Answer 31

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

Question 32

what is the general rule for class actions and diversity jurisdiction? (smaller classes)

Answer 32

only the citizenship of the class rep is considered and that rep’s claim must exceed 75k (claims of other members are ignored)