Joinder

Question 0

counterclaim

Answer 0

suit against party suing you

Question 1

joinder

Answer 1

P can bring all claims against a single D, related or not.
refusal to bring a related claims
preclusion will bars litigation of omitted claim

Question 2

Permissive counter claim

Answer 2

claim not arising out of transaction or occurrence underlying P’s action.

D can but not required to file permissive counterclaims

Question 3

compulsory counterclaim

Answer 3

arises out of same transaction or occurrence underlying P’s claim

Must file compulsory counterclaims or be barred by law of joinder

Question 4

multiple counterclaims

Answer 4

multiple unrelated counterclaims are OK

related counterclaims must be brought or forfeited

Question 5

Cross Claims

Answer 5

Claim filed against a co-party

only filed if arising under same transaction or occurrence
as P’s claims against D’s

Question 6

Claims joined with Cross Claims

Answer 6

D files cross claim against co-D,
co-D is free to respond with a cross claim.

Subsequent cross claim may be compulsory or permissive

Question 7

Impleader Claims

Answer 7

claim brought by party defending claim
against a party not yet involved

only if claim alleges 3rd party is responsible for D’s liability

Question 8

Classic Impleader Claims

Answer 8

Indemnification

Contribution

Question 9

Timing of Impleader

Answer 9

automatic right to implead 3rd party D within 14 days of serving answer

after 14 days only with permission of court

Question 10

Subsequent Claims after Impleader

Answer 10

impleaded party may bring claims against parties
or implead additional parties.

Original P may file claim against impleaded D if claim arises under the same transaction or occurrence

Question 11

Permissive Joinder

Answer 11

claim arises out of the same transaction or occurrence
and
there are common questions of law or fact

Question 12

Mandatory Joinder - 3 step analysis

Answer 12

1. Necessary party - complete relief cannot be granted without or have interest that might be impaired if left out
2. Can they be joined - court have PJ over party? will adding party destroy jurisdiction based on diversity of citizenship?
3. If cannot be joined, are they indispensable?

Question 13

Indispensable party considerations

Answer 13

extent of prejudice to missing party
prejudice can be lessened by shaping relief
whether P will be able to find relief in another forum

goal is to see dispute resolved with as little prejudice to missing party

Question 14

Class Action Defined and when permitted

Answer 14

Where one person (representative) litigates on behalf of a group (class)

Permissible if

1. a class can be formed
2. action is of the sort proper for resolution via class action

Question 15

Class formation Requirements (4)

Answer 15

Numerosity
Commonality
typicality
Representativeness

Question 16

Numerosity Requirement

Answer 16

Class is so numerous that joinder is impractical

Question 17

Commonality Requirement

Answer 17

common questions of law or fact

Question 18

Typicality Requirement

Answer 18

Claims of representative parties are typical of the class 
ensure incentive to litigate to protect the class

Question 19

Representativeness requirement

Answer 19

representative parties will fairly and adequately represent the class

considers experience of attorney if it might adversely impact the interests of the class

Question 20

Considerations - is lawsuit proper for adjudication as a class

Answer 20

1. Separate actions risk of inconsistent judgements or impair non-party interests
2. Where party opposing the class has acted in ways generally applicable to the class. (unlikey where class seeks monetary relief)
3. Where common questions of law or fact predominate over individualized questions and a class action is superior to other available methods for the fair and efficient adjudication of the matter

Question 21

Personal Jurisdiction in Class Action

Answer 21

Court needs PJ over named parties - P’s and D’s

Does not need PJ over class

Question 22

Binding effect of Class Action Judgement

Answer 22

judgement will bind all members of the class unless they opt out

Class members will have the option to ‘opt out’ in “common question class actions

Question 23

Common Question Class Actions

Answer 23

have common questions of law or fact

members given notice of pendency of suit

notice reasonably calculated to apprise members of the class
often accomplished by mail or public notice

Question 24

Class Action and SMJ

Answer 24

Where allegation is violation of state law it can be brought in federal court only if D's and representative P's are completely diverse (class excluded)
But:
if class has 100+ members and seeks damages $5m+ fed court may assert jurisdiction if any single class member is diverse from any single D

Question 25

Removal and Class Action

Answer 25

Removal can be made by home state defendant and without approval of other defendant.

Question 26

Interpleader Claims

Answer 26

When a party fears it will be subject to multiple inconsistent judgements it may file interpleader action against parties it fears will sue.

Question 27

Intervention

Answer 27

A non-party with an interest in a lawsuit but not joined may intervene on her own initiative

Question 28

Intervention of Right

Answer 28

upon timely application will be permitted to intervene when interest relating to subject matter of litigation and is so situated that absent intervention, interest will not be adequately represented.

Question 29

Permissive Intervention

Answer 29

timely application
courts discretion
intervenor has a claim or defense
shares with main action 
common question of law or fact

Question 30

SMJ and Joinder Relationship

Answer 30

SMJ is necessary for every claim, counterclaim, impleader, etc.

Even if they can be joined, court must have SMJ - federal question, diversity, or supplemental - for it to be litigated

Question 31

Personal Jurisdiction and Joinder

Answer 31

Personal jurisdiction is required for every party (except class action)

Question 32

Bulge Rule - exception to personal jurisdiction

Answer 32

impleaded defendant is served within 100 miles of courthouse will be subject to personal jurisdiction of federal court.

Question 33

When are Venue Considerations Relevant

Answer 33

Only at time of filing

subsequent cross claims and counter claims may not challenge for venue