Joinder

Question 1

What are necessary (“required”) parties that must be joined?

Answer 1

If a party is “necessary”, the court may order joinder of the absenteePROVIDED the ct has pjx over ∆ and joinder won’t mess up diversity

“Necessary”

(i) without the absentee party, the ctcannot accord complete relief among those already joined (worried about multiple suits);
(ii) absentee’s interest will be harmed if he isn’t joined (practical harm); OR
(iii) absentee claims an interest which subjects a party (usually ∆) to possibility of multiple obligations

NOTE: Joint tortfeasors are NOT necessary

If party CANNOT be joined, the ct has 2 choices:

(1) proceed w/o absentee ∆; OR
(2) dismiss the ENTIRE case→based on balancing: (i) Whether there is an alternative forum available where EVERYONE can be joined
(ii) Likelihood of real harm to anybody by proceeding w/o absentee
(iii) Can the ct do anything to avoid harm to absentee
(iv) IF ct, dismisses, then absentee was “indispensable”

Question 2

What 6 types of claims may be joined in a pending case?

Answer 2

Type of Joinders

• Counterclaims
• Cross-claims
• Impleader
• Intervention
• Interpleader
• Class Action

Question 3

What is a counterclaim?

Answer 3

Claim against π filed with the responsive pleading (answer)

1) Compulsory CC– arises from same T/O as π’s claim

MUST be filed with ∆’s answer or else waived – cannot sue on it in separate case

Not waived if ∆ moved to dismiss w/o answering→ if granted, ∆ can still bring action against π in separate case

2) Permissive CC – NOT from same T/O so may assert here or a separate case.

**REMEMBER: a ct must be smjx over claim!!→ look to diversity, alienage, FQ first - THEN try supp jx

Supp jx okay for comp. CC even if less than $75k (maybe o.k. for permissive if has “loose connection w/ original claim”)

Question 4

What is a crossclaim?

Answer 4

Claim against a ∆co-party

MUST arise from same T/O as the underlying action

You do NOT have to file a crossclaim or risk waiver (NEVER compulsory)

**REMEMBER: a ct must be smjx over claim!! → look to diversity, alienage, FQ first - THEN try supp jx

Question 5

What is a impleader?

Answer 5

∆ joins a third-party defendant (TP∆) b/c TP∆ might be liable to the defending party for the claim against the defending party (e.g. indemnity; contribution)

∆ has right to implead w/in 14 DAYS after serving answer but after that need Ct. permission

Need pjx over TP∆

π & TP∆ can assert a claims against each other IF same T/O

**REMEMBER: a ct must be smjx over claim!! → look to diversity, alienage, FQ first - THEN try supp jx

Question 6

What is a intervention?

Answer 6

Absentee wants to join a pending suit

Can choose whether to intervene as a π or ∆& the court can realign her if she came in on the wrong side.

Application to intervene must be “timely”

TYPES
1) Intervention of right – must show that absentee’s interests may be harmed if she is not joined & not adequately represented now

2) Permissive intervention - A’s claim or defense & the pending case have at least one common question Court has discretion to allow intervention

**REMEMBER: a ct must be smjx over claim!! → look to diversity, alienage, FQ first - THEN try supp jx

Question 7

What is a interpleader?

Answer 7

One holding money or property (“stakeholder”) wants to force all potential claimants into a single lawsuit to avoid multiple litigation & the threat of inconsistent results

Ct. may issue injunction stopping parties from litigating ownership question in another court.

TYPES

1) Rule Interpleade
(i) Complete diversity (stakeholder must be diverse from every claimant); (ii) AIC = $75k+; (iii) regular service of process; (iv) regular venue rules

2) Statutory Interpleader – (i) Minimal diversity (1 claimant must be diverse from 1 other claimant - don’t even look at the stakeholder’s citizenship); (ii) AIC = $500 or more; (iii) Nationwide service of process; (iv) venue lies in a district where any claimant resides

Easier std

Question 8

What are the reqs for a class action?

Answer 8

STEP 1: Must meet the following 4 reqs

(1) NUMEROUS - Too numerous for practicable joinder
(2) COMMON QUESTION - Some questions of law or fact in common to the class
(3) TYPICALITY - Rep’s claims/defenses typical of those of the class
(4) REPRESENTATION - Representative will fairly & adequately represent class

STEP 2: Must fit w/in one of these 3 types of actions

(1) Prejudice - class treatment necessary to avoid harm to class members or to opposing party (numerous claimants to a fund would deplete)
(2) Injunction or declaratory judgment (not damages) sought b/c class members were treated alike by the other party (e.g. employment discrim.)

**(3) Damages - (i)common questions “predominate over individual questions”;and (ii) class action is the superior method for resolving the dispute (e.g. mass tort)

Question 9

What actions does a ct take in a class action?

Answer 9

1) CERTIFICATION - Ct must determine “at any early practicable time” whether to CERTIFY the case to proceed as a class action
2) APPOINT - Ct must appt class counsel
3) NOTICE (DAMAGES) - Ct must notify (often by mail, paid for by class rep) all reasonably identifiable members, telling them various things, including:

(i) can opt out;
(ii) binding effect of a class judgment on class members; AND
(iii) can enter a separate appearance through counsel.

4) BIND - All members of the class are bound, EXCEPT those who opt out of the damage type class (NOTE: there is NO right to opt out of a “prejudice” or “injunction” class)
5) DISMISS/ SETTLE - Parties can dismiss OR settle a certified class action ONLY w/ ct approval

Question 10

How do you show smjx w/ class action?

Answer 10

Needs smjx and can be based on:

Fed Q
Diversity (based on representative)

i.e. Rep’s diverse from all ∆s (class members irrelevant) & Rep’s claim is $75k+

Class Action Fairness Act – contains a grant of smjx separate from regular diversity

Federal smjx if:

(i) Any class member is diverse from any ∆ (minimal diversity)
(ii) 100 class members or more
(iii) Aggregate amount in controversy exceeds $5M