Joinder

Question 0

what are the factors for dismissal or proceeding if one cannot be joined?

Answer 0

extent of prejudice, can prejudice be lessened or avoided, will judgment be adequate, will remedy be adequate

Question 1

when must a person be joined

Answer 1

when complete relief cannot be accorded without him OR
he claims an interest relating to subject matter of action and in his absence adjudication impaired or substantial risk to multiple or inconsistent obligations

Question 2

when can there be substitution of parties

Answer 2

when a party dies during suit (legal successors bring survivor action)

Question 3

what can you file to seek recovery on behalf of corporation after individuals (who own it) retained you

Answer 3

the corporation should intervene in the suit brought by plaintiff and join with individuals in opposing the claim asserted against them. third parties may intervene in a lawsuit to enforce a right related to the pending suit. In addition, as a defendant via intervention, the corporation should reconvene against plaintiff to assert its claims of money due. the claim in reconvention does not have to be related to plaintiffs claim against individual

Question 4

Explain intervention

Answer 4

1. When third parties enter a law suit (they take it as they find it)
2. Intervenor must be enforcing related or connected right: joining with plaintiff, joining defendant, or opposing both
3. the defendant or defendant in reconvention may bring in one who is or may be liable to him in indemnity or contribution for all or part of the principal demand. an incidental demand is not barred by prescription as long as it was not barred at the time the main demand was filed and is filed within 90 days of service of main demand

Question 5

can client assert outside claim (personally, even though she is in a group of defendants) for tresspass? (watch for when against plaintiff and when against co owner, answer will differ)

Answer 5

Yes she can bring against plaintiff in the partition even though the trespass involves a different parcel and bears no connexity, factual or legal to the partition claim. Client can assert her timber trespass claim in a reconventional demand against plaintiff. Unlike other incidental demands, a reconventional demand need not be related to the main demand.