Joinder Flashcards
What does Federal Rule of Civil Procedure 18(a) permit?
It permits a party to join as many claims as they have against an opposing party in a single lawsuit.
This applies to plaintiffs, counterclaimants, crossclaimants, and third-party claimants.
What is the purpose of Rule 18(a)?
It promotes efficiency by consolidating related disputes into one proceeding.
What does Federal Rule 42(b) allow the court to do?
It grants the court discretion to order separate trials for unrelated claims to prevent confusion and promote efficiency.
What is res judicata?
It is a doctrine that prevents a party from relitigating a claim that was or could have been raised in a prior lawsuit.
What does Federal Rule 20(a) allow?
It allows multiple plaintiffs to join in a single action if their claims arise from the same transaction or occurrence and share common questions of law or fact.
What is the significance of the Mosley v. General Motors case?
It established an expansive interpretation of the ‘same transaction or occurrence’ requirement, allowing plaintiffs with factually distinct claims to join their lawsuit based on a common pattern of conduct by the defendant.
What does Rule 19 mandate?
It mandates the joinder of certain parties when their absence would prevent the court from granting complete relief or potentially prejudice their interests.
What does Rule 21 empower the court to do?
It empowers the court to sever improperly joined claims into separate actions, allowing them to proceed independently.
What does Rule 13(a) require?
It mandates the assertion of compulsory counterclaims that arise from the same transaction or occurrence as the plaintiff’s claim.
What happens if a compulsory counterclaim is not asserted?
Failure to assert a compulsory counterclaim results in its waiver, preventing the defendant from raising it in a subsequent lawsuit.
What does Rule 13(b) allow?
It allows the assertion of permissive counterclaims that do not arise from the same transaction or occurrence as the plaintiff’s claim.
What is the consequence of failing to assert a compulsory counterclaim as illustrated in King v. Blanton?
The court dismissed the plaintiff’s negligence claim because it stemmed from the same car accident as a prior claim she had against the defendant.
What does Rule 14(a) allow?
It allows a defending party to bring a third-party defendant into the lawsuit who may be liable to them for all or part of the plaintiff’s claim.
What is the limitation of impleader under Rule 14?
Impleader cannot be used to bring in a party solely liable to the plaintiff; the third-party defendant must have a potential liability to the original defendant.
What does Rule 14 allow once a third-party defendant is impleaded?
It allows for the assertion of additional related claims, including counterclaims and crossclaims among the parties involved.
