Joinder Flashcards
What is joinder?
Joinder rules define the scope of the case—how many parties and claims can be joined in one case?
Remember that every single claim in federal court must have SMJ, so two things must be true: (1) joinder must be allowed by the Federal Rules; and (2) there must be SMJ over the case
Claim Joinder by Plaintiff
Under the FCP< claim joinder by the Plaintiff is easy, no matter if related or unrelated to original claim. However, there must be SMJ over the claim too!
Proper Plaintiffs and Defendants
The rule is that the claims by multiple Ps or against multiple Ds must:
- arise from the same transaction or occurrence AND
- Raise at least one common question of law and fact
Necessary and Indispensable Parties
The court might force some nonparty (“absentee”) to join in the case, usually on motion by the D
Should absentee be joined? 3 Criteria
- Is the absentee necessary (or “required”)
- If the absnetee is necessary, can be the absentee be joined? AND
- If the absentee can’t be joined, can the case proceed anyway?
How to determine if absentee is necessary or required?
- Without absentee, the court cannot accord complete relief among the existing parties; or
- The absentee’s interest may be harmed if not joined; or
- The absentee claims an interest that subjects a party (usually D) to a risk of multiple obligations.
Joint tortfeaseors are never necessary
Can be absentee be joined?
Feasible if PJ over absentee and there will be federal SMJ over the claim by or against the absentee
What if the absentee cannot be joined?
The court will look to see:
Is there an alternative forum available?
What is the actual likelihood of harm? and
Can the court shape relief to avoid that harm to the absentee?
Types of Counterclaims
Compulsory Counterclaims and Permissive Counterclaims
What is a compulsory counterclaim?
One that arises from the same T/O as the P’s claim. Unless counterclaimant has already filed the claim in another case, she must file the compulsory counterclaim in the pending claim or the claim is waived
What is a permissive counterclaim?
One that does not arise from the same T/O as the P’s claim. Not required to file it and can sue on the claim ina. separate claim.
What is a crossclaim?
A claim against a coparty. It must arise from the same T/O, but it is not compulsory and can be asserted in another case
What is an impleader claim (aka third-party claim)?
One where a defending party (usually D) is bringing in a new party
Nature of Impleader Claim
Used to shift to the PD the liability that the D will owe to the Plaintiff. Look for claims on indemnity (shift liability so TPD must cover full claim) or contribution (shifts to it pro-rata)
An impleader claim is PERMISSIVE< meaning that D must not bring it in the current case
Process for impleading TPD into the case
- File a third-party complaint
- Have that complaint formally served
There is a right to implead within 14 days of serving the answer, and after that, court permission is needed
Interpleader Rule 22
Requires (1) completely diversity between the stakeholder and all adverse claimants and in excess of 75k or (2) a federal question claim
Statutory impleader requires only diversity between 2 contending claimants and 500 be in issue
Four Requirements to Qualify for a Class Action
- Numerosity (too many class members for practicable joinder)
- Commonality (some issue in common)
- Typicality (rep’s claims are typical of the class)
- Representative Adequate (class rep will fairly and adequately represent the parties)
Three Types of Class Actions
Type 1 (“Prejudice”): neessary to avoid harm to either class members or to non-class party - this type is rare
Type 2 (“Injunctive or Declaratory Relief)”: Seeks an injunction or declaratory judgment because the D treated class members alike - typically cannot seek damages
Type 3 (“Common Question” or “Damages”): Requires that common questions predominate over individual questions and the class action is a superior method to handle the dispute. Typically used for mass torts
When does a class action become a class action?
When the court grants the motion to certify it as one.
The court must also define the class and its claims, issues, and defenses
Appoint class counsel, who must fairly and adequately represent the interests of the class
Notice to Class and Opting Out
In Type 3, notice will be provided saying that class members can:opt out, will be bound by the judgment if they do not opt out, and can inter a separate appearance through counsel
NOTE: NO RIGHT TO OPT OUT OF TYPE 1 OR TYPE 2
Settlement of Class Action
The parties can settle or dismiss only with court approval, and the court must give notice to all members to get their feedback.
If Type 3, the court also might refuse to approve the settlement unless members are given a second chance to opt out
Class Action Fairness Act (CAFA_
Grants SMJ separate from diversity of citizenship jurisdiction. Lets court hear class action if:
- at least 100 members
- Any class member (NOT JUST CLASS REPRESENTATIVE) is of a diverse citizenship from any defendant
- the aggregated claims of the class exceed 5 million
