Joinder

Question 1

JOINDER OF CLAIMS

Answer 1

Where we add multiple claims to our lawsuits (either by Pls or Ds)

Question 2

Joinder by Pl: Rule 18(a)

Answer 2

a party asserting a claim . . . may join . . . as many claims as it has against an opposing party

Question 3

Barrier to Joinder by Pl

Answer 3

Subject Matter Jurisdiction

a. Each claim needs to fit under Federal Question, Diversity, or Supplemental

Question 4

Compulsory Joinder by D

Answer 4

Arises from same action; Claim preclusion – Use it or lose it if it arises from same set of operative facts- otherwise subject to Res Judicata

Question 5

Res judicata (double jeopardy

Answer 5

Bars later suit on omitted claims

Question 6

Compulsory Joinder by D appropriate

Answer 6

1. suit involves joint rights or liabilities
2. Two or more parties claim same property
3. Granting relief to one party would affect rights of another party.

Question 7

Problems w/ Compulsory Joinder

Answer 7

Autonomy of parties to have their claims heard on individual merits.

Responsibility of courts to hear case before them.

Question 8

Permissive Joinder of Claims (D)

Answer 8

Single P may join as many claims as he/she has against a single D, regardless of subject matter.

In multi-party cases, at least one of the claims by or against each party must arise out of the same transaction AND must involve a common question of law or fact.

Question 9

Rule 13(a)

Answer 9

“a pleading must state as a counterclaim any claim that . . . the pleader has against any opposing party if the claim . . . arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim . . .:

Question 10

Joinder of Parties by Pl: Rule 20(a)

Answer 10

same common nucleus of operative fact

Question 11

Mosley

Answer 11

a. Plaintiffs alleged discrimination in:
i. Promotions, terms, and conditions of employment; retaliation; failure to hire based on race; firing based on race; racial discrimination with respect to the granting of relief time; elements of sex discrimination (against women), too (failing to hire; relief time).

Question 12

Joinder of Parties by D: Rule 14

Answer 12

implead a party who is derivatively liable: if I’m liable, he is too

1. look to subs. law & then use 14

Question 13

Rule 14(a)(2)(B):

Answer 13

“the person served with the summons and third-party complain . . . must assert any counterclaim against the third-party plaintiff under Rule 13(a) and may assert any counterclaim against the third-party plaintiff under Rule 13(b)”

i. If counterclaim is permissive, you need subject matter jurisdiction
ii. If compulsory: automatically have Sub M J over the claim

Question 14

Rule 14(a)(3):

Answer 14

“The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the pl’s claim against third-party plaintiff”

i. Arises out of initial claim
ii. Jurisdictional issue in Section 1367(b) [sup j]
1. The initial claim upon which you are building is based upon diversity jurisdiction

Question 15

Rul 14(a)(2)(c):

Answer 15

a third party D “may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff’s claim.”

Question 16

cross v. counter claims

Answer 16

Cross-claims are litigated by parties on the same side of the litigation (co-parties).

ii. Counterclaims are litigated between opposing parties (parties on the opposite side of the litigation).

Question 17

1. Rule 13(g):

Answer 17

a pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of either the original action or of a counterclaim
a. No such thing as a compulsory crossclaim

Question 18

counterclaims

Answer 18

1. Bring this in the answer
   a. Permissive: no relationship to the vehicle or the accident
   i. Need to have sub m j. diversity of citizenship will probably not be a problem