Joinder

Question 1

Joinder - Basic Idea

Answer 1

• joinder rules define the scope of the case
• note that b/c every claim must have SMJ, two things always need to be true: 1) joinder must be allowed by fed rules AND 2) must be SMJ over the case

Question 2

Claim Joinder by the Plaintiff

Answer 2

• under FRCP, claim joinder by pl is easy b/c pl (or anyone asserting a claim) can join any additional claims they have against that adverse party
  -> even if the additional claim is unrelated to the original claim
• BUT need SMJ over the claim too (that’s frequently the bigger q)

Question 3

Proper Plaintiffs and Defendants

Answer 3

Claims by multiple pls or against multiple defs must:
1) arise from the same transaction or occurrence AND
2) raise at least one common q of law or fact

Question 4

Necessary and Indispensable Parties - Core Q’s to Ask

Answer 4

• is the absentee necessary (or “required”)?
• if the absentee is necessary, can the absentee be joined? AND
• if the absentee can’t be joined, can the case proceed anyway?

Question 5

Is the Absentee Necessary?

Answer 5

Means that:
- w/o the absentee, the court can’t accord complete relief among the existing parties (worried about multiple suits) OR
- absentee’s interests may be harmed if she’s not joined OR
- absentee claims an interest that subjects a party (usually the defendant) to a risk of multiple obligations

Question 6

Necessity - Joint Tortfeasors

Answer 6

• joint tortfeasors are NEVER necessary

Question 7

Can the absentee be joined?

Answer 7

• if absentee labeled as necessary, court considers if joinder = “feasible”

Feasible if:
- there’s PJ over the absentee AND
- there will be fed SMJ over the claim by or against the absentee (for diversity, align the absentee based on their interest as pl or def)

Question 8

What happens if joinder is feasible?

Answer 8

• if joinder is feasible, absentee is just joined to the case

Question 9

Joinder of Absentee - PJ

Answer 9

• if absentee is served w/in a district of the US + not more than 100 miles from where the summons was issued, there’s PJ over absentee regardless of contacts w/ the forum
• otherwise, need traditional contacts-based PJ

Question 10

What if the Absentee Cannot Be Joined?

Answer 10

• court determines whether to proceed w/o absentee or dismiss entire case

Factors to consider:
- is there an alt forum available? (possibly state ct?)
- what’s the actual likelihood of harm to the absentee? AND
- can the ct shape relief to avoid that harm to the absentee?

Question 11

Absentee - Necessary vs. Indispensable

Answer 11

• absentee is indispensable if ct decides can’t proceed w/o them
• vs. can technically proceed w/o a “necessary” party, if they can’t be joined

Question 12

Counterclaims

Answer 12

-claims against opposing party (usually def vs. pl)
- two kinds: compulsory and permissive

Question 13

Compulsory Counterclaims

Answer 13

• one that arises from the same transaction or occurrence as pl’s claim
• unless counterclaimant has already filed the counterclaim in another case, she must file it in the pending case or the claim is waived

Question 14

Permissive Counterclaims

Answer 14

• one that doesn’t arise from same transaction or occurrence as pl’s claim
• party isn’t required to file it in this case + can sue on the claim in a separate case

Question 15

Counterclaims - SMJ

Answer 15

• there needs to be SMJ over the counterclaims
  -> should assess fed q, div jur, + supp jur

Question 16

Crossclaim

Answer 16

• a claim against a coparty
• MUST arise from same transaction or occurrence as the underlying action
• BUT not compulsory -> can be asserted in another case

Question 17

Impleader Claim

Answer 17

• aka third-party claim
• one where a defending party (usually def) is bringing in a new party
• party bringing the claim is called third-party pl + new party is called third-party def

Question 18

Nature of Impleader Claim

Answer 18

• used to shift to the third-party defendant the liability that the defendant will owe to the plaintiff
  -> look for claims for indemnity or contribution (def trying to get 3rd party def to pay all or part of own liability)

Question 19

Indemnity

Answer 19

• shifts liability completely

Question 20

Contribution

Answer 20

• shifts liability pro-rata

Question 21

Impleader - Does Def Need to Bring This Claim?

Answer 21

• NO -> impleader claims are PERMISSIVE

Question 22

Process for Impleading Third-Party Defendant

Answer 22

Def must:
1) file a third-party complaint naming the third-party def AND
2) have that complaint formally served on the 3rd party

Question 23

Impleader - Timing

Answer 23

• right to implead w/in 14 days of serving the answer
• after that, court permission is needed

Question 24

Impleader - SMJ

Answer 24

• MAKE SURE TO ASSESS - NOT ALLOWED IF NO SMJ

Question 25

Impleader - Additional Claims

Answer 25

• after third-party def is joined, pl can assert claims against them, + 3rd party can assert claims against pl that arise out of same transaction or occurrence as the underlying case

Question 26

Impleader - Personal Jurisdiction “Loophole”

Answer 26

• there’s pj over an impleaded party if served in a district in the US + not more than 100 miles from the fed court that issued the summons regardless of his contacts w/ the forum
• if more than 1– miles, there must be traditional contacts-based PJ