Joinder

Question 1

What is joinder?

Answer 1

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

Question 2

Claim Joinder by Plaintiff

Answer 2

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!

Question 3

Proper Plaintiffs and Defendants

Answer 3

The rule is that the claims by multiple Ps or against multiple Ds must:

1. arise from the same transaction or occurrence AND
2. Raise at least one common question of law and fact

Question 4

Necessary and Indispensable Parties

Answer 4

The court might force some nonparty (“absentee”) to join in the case, usually on motion by the D

Question 5

Should absentee be joined? 3 Criteria

Answer 5

1. Is the absentee necessary (or “required”)
2. If the absnetee is necessary, can be the absentee be joined? AND
3. If the absentee can’t be joined, can the case proceed anyway?

Question 6

How to determine if absentee is necessary or required?

Answer 6

1. Without absentee, the court cannot accord complete relief among the existing parties; or
2. The absentee’s interest may be harmed if not joined; or
3. The absentee claims an interest that subjects a party (usually D) to a risk of multiple obligations.

Joint tortfeaseors are never necessary

Question 7

Can be absentee be joined?

Answer 7

Feasible if PJ over absentee and there will be federal SMJ over the claim by or against the absentee

Question 8

What if the absentee cannot be joined?

Answer 8

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?

Question 9

Types of Counterclaims

Answer 9

Compulsory Counterclaims and Permissive Counterclaims

Question 10

What is a compulsory counterclaim?

Answer 10

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

Question 11

What is a permissive counterclaim?

Answer 11

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.

Question 12

What is a crossclaim?

Answer 12

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

Question 13

What is an impleader claim (aka third-party claim)?

Answer 13

One where a defending party (usually D) is bringing in a new party

Question 14

Nature of Impleader Claim

Answer 14

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

Question 15

Process for impleading TPD into the case

Answer 15

1. File a third-party complaint
2. 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

Question 16

Interpleader Rule 22

Answer 16

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

Question 17

Four Requirements to Qualify for a Class Action

Answer 17

1. Numerosity (too many class members for practicable joinder)
2. Commonality (some issue in common)
3. Typicality (rep’s claims are typical of the class)
4. Representative Adequate (class rep will fairly and adequately represent the parties)

Question 18

Three Types of Class Actions

Answer 18

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

Question 19

When does a class action become a class action?

Answer 19

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

Question 20

Notice to Class and Opting Out

Answer 20

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

Question 21

Settlement of Class Action

Answer 21

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

Question 22

Class Action Fairness Act (CAFA_

Answer 22

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