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FRCP > Joinder 2: Class Actions, Interplead/Intervention > Flashcards

Joinder 2: Class Actions, Interplead/Intervention Flashcards

1
Q

Rule 22 is about

A

interpleaders

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2
Q

22(a)(1)

A

Persons with claims that may expose a P to double or multiple liability may be joined as Ds and be required to interplead

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3
Q

22(a)(2)

A

A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim

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4
Q

Interpleading applies when

A

exposure to multiple liability AND/OR incompatible court orders

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5
Q

Interpleader is used to figure out ___

A

who has the superior claim to sue someone

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6
Q

Interpleader allows a P or D to initiate a lawsuit to –

A

compel other parties to litigate a dispute , have property that is another’s but don’t know to whom it should be transferred

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7
Q

Interpleader often applies to resolve disputes under __

A

insurance contracts

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8
Q

Stakeholder in interpleader is

A

when normally D becomes P

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9
Q

Stake is the ___

A

subject of claims between adverse claimants who would normally be Ps

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10
Q

For interpleaders, the adverse claimants must be ..

A

demanding the same thing

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11
Q

Example of interpleader: life insurance policy and dispute among proper beneficiaries

A

to resolve dispute, insurance company files interpleader, they are stakeholder, adverse claimants are people who might be beneficiaries

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12
Q

Rule 24 is about

A

intervention

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13
Q

24(a) is about

A

Intervention as of Right

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14
Q

24(a)

A

Court must permit anyone to intervene who is given the unconditional right by federal statute or interest relating to subject of the action so that disposing of it may impair or impede the movant’s ability to protect its interest unless existing parties adequately represent that interest

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15
Q

24(b) is about

A

permissive intervention

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16
Q

24(b)

A

court may permit anyone to intervene who is given a conditional right by fed statute or has a claim or defense that shares aquestion of law or fact with the main action

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17
Q

Permissive intervention is up to __

A

judicial discretion

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18
Q

24(b)(3)

A

delay or prejudice. Court must consider whether intervention will unduly delay ore prejudice adjudication of original parties’ rights

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19
Q

Courts normally permit parties to be ___ intervenor

A

“silent”

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20
Q

NIPSCO is about

A

intervention criteria, atypical R24 outcome

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21
Q

NIPSCO rule

A

To intervene as a right, must show timely application, direct signifcantly protectable interest, disposition may impede ability to protect that interest and interest not adequately represented by existing parties

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22
Q

NIPSCO facts

A

Save Dune council filed to intervene saying stake in protecting and preserving the land for public use

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23
Q

NIPSCO holding

A

reject motion to intervene because no significant legally protectable interest so not required to permit

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24
Q

NIPSCO reasoning 1

A

Council doesn’t have claim to land, interest not term of art but defining it here

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25
Q

NIPSCO reasoning 2

A

permissive denied to avoid undue delay to OG parties (untimely because no automatic right but 4 years too long for permissive)

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26
Q

In class actions, individual class members lose..

A

control over their own claims in exchange for the benefits of collective action

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27
Q

Benefits of class actions

A

ability to bring suits inefficient in individual litigation or injunctions with large scale releif

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28
Q

Difference between other joinder and class actions

A

most P class members are absent from the litigation

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29
Q

Rule about class actions

A

23

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30
Q

23(a) is about

A

prerequisities for class actions (numerosity, commonality, typicality, adequacy)

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31
Q

23(a)(1)

A

class so numerous that joinder of all members is impracticable (numerosity)

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32
Q

23(a)(2)

A

questions of law or fact common to the class (commonality)

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33
Q

23(a)(3)

A

claims of the representative parties typical of the claims of the class (typicality)

34
Q

23(a)(4)

A

representative parties will adequately protect the interests of the class (adequacy)

35
Q

23(b) is about

A

types of class actions

36
Q

23(b)(1)

A

limited fund for recovery

37
Q

23(b)(2)

A

injunctive/equitable relief, no opt our so no notice, class constantly changing but okay because about the system

38
Q

23(b)(3)

A

money damages

39
Q

23(c)

A

Class action can be maintained with respect to particular issues or divided into subclasses when appropriate

40
Q

To certify a class action, you must meet ..

A

all requirements under 23(a) and requirements for one category under (b)

41
Q

A 23(b)(2) class is typically

A

civil rights or systemic injunctive relief case

42
Q

23(b)(2) class ____ notice to all members

A

does not require

43
Q

For 23(b)(2) final injunctive relief msut be __

A

appropriate to class as a whole

44
Q

For 23(b)(3) class, members have the option ___

A

to opt out, non-mandatory

45
Q

For 23(b)(3) class, members must show ___

A

predominance (issues common to the class predominate over the individual issues) and superiority (superior method for adjudicating)

46
Q

Factor 1 to consider in b3 class

A

class member interest in litigating individually

47
Q

Factor 2 to consider in b3 class

A

extent and nature of litigation by class members already going on

48
Q

Factor 3 to consider in b3 class

A

desirability of concentrating litigation in the particular forum

49
Q

Factor 4 to consider in b3 class

A

likely difficulties of managing the class action

50
Q

Justifications for Class Action

A

global peace, consistency, individual rights, deterrence, efficiency

51
Q

Plaintiff benefits of class actions

A

can bring where remedy not enough for individual litigation, ability to reform institutions with injunctive releif

52
Q

Plaintiff cons of class action

A

lose control over claims, b3 can bind absent parties so raises due process concerns

53
Q

Defendants pros of class action

A

settle all claims at once, finality/Global Peace precluding all future litigation

54
Q

Defendant cons class action

A

Ds significant pressure to settle regardless of merits because of the cost

55
Q

Hansberry is about

A

class members cannot bind parties with opposing interests

56
Q

Hansberry rule

A

Due process requires absent members only bound if interests adequately represented in prior action

57
Q

Hansberry reasoning 1

A

P is successor of covenant but conflict of interest that is objective and mutually exclusive

58
Q

In general res judicata covers __

A

erroneous as well as correct decisions because must be an end of litigation

59
Q

Hansberry 2

A

due process puts some boundaries on procedure, always in the background

60
Q

Hansberry 3

A

adequacy is a constitutional requirement

61
Q

Hansberry 4

A

collateral attack allowed to question validity of class certification

62
Q

Hansberry 5

A

R23 deals with this by making class certification part of OG suit

63
Q

Hansberry 6

A

trial court decision not binding unless same parties

64
Q

Dukes is about

A

commonality issue for proposed 23(b)(2) class

65
Q

Dukes rule 1

A

23(a)(2) commonality means same injury not just violation of same law. Claims must depend on common contention that may be resolved across the entire class

66
Q

Dukes rule 2

A

23(b)(2)- claims for monetary relief (like backpay) may not be certified under this provision if monetary relief not incidental to injunctive or declaratory relief, otherwise must be b3

67
Q

Dukes reason 1

A

Not just common Q but capacity to generate common answers (applies to all class actions regardless of type)

68
Q

Dukes reason 2

A

Walmart had explicit anti-discrimination policy and managers had discretion over pay and promotions, impossible to believe all would use same way

69
Q

Dukes reason 3

A

B2 only for injunctions because binds all class members

70
Q

Ginsburg Dukes dissent

A

Court using 23(b) concerns to decide if could be certified under (a), delegation of discretion to managers uniform policy and actionable if discriminatory outcomes

71
Q

Other way if can’t certify class

A

MDL, no real commonality requirement

72
Q

What if Walmart was B3 class

A

giving notice where begging Q becomes issue, can say all women workers between these dates can’t say all discriminated against, opt in class may satisfy commonality, all women who filed with HR a complaint may satisfy but same answer?

73
Q

23(f)

A

interlocutory appeal, can appeal certification prior to final judgment

74
Q

Why interlocutory appeal allowed for class action

A

certification decision determines case outcome

75
Q

23(e)

A

any settlement must be approved by court as fair, reasonable and adequate

76
Q

policy behind 23(e)

A

protects class against lawyers from colluding with Ds

77
Q

23(g)

A

lawyer representing the class must show they can do so adequately (making decisions for whole class)

78
Q

23(h)

A

lawyer must make motion for fees, court determines what would be fair

79
Q

policy behind 23(h)

A

counsel may take advantage of class if could set own fees

80
Q

Types of fees for class actions

A

percentage, lodestar basis

81
Q

Under CAFA, to remove to federal court, ____

A

complete diversity replaced by minimal diversity

82
Q

For CAFA, the amount in controversy for entire class must be __

A

at least 5 million

FRCP (18 decks)

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