Joinder Flashcards
What are necessary (“required”) parties that must be joined?
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” = Without the absentee party, the ctcannot accord complete relief among those already joined (worried about multiple suits);
The absentee's interest will be harmed if he isn't joined (practical harm); OR 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: Whether there is an alternative forum available where EVERYONE can be joined Likelihood of real harm to anybody by proceeding w/o absentee Can the ct do anything to avoid harm to absentee IF ct, dismisses, then absentee was "indispensable"
What 6 types of claims may be joined in a pending case?
Type of Joinders
* Counterclaims
- Cross-claims
- Impleader
- Intervention
- Interpleader
Class Action
What is a counterclaim?
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")
What is a crossclaim?
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
What is a impleader?
∆ 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
What is a intervention?
Intervention= 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
What is a intervention?
Intervention= 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
What is a interpleader?
Interpleader= 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 Interpleader – (1) Complete diversity (stakeholder must be diverse from every claimant); (2) AIC = $75k+; (3) regular service of process; (4) regular venue rules 2) Statutory Interpleader – (1) Minimal diversity (1 claimant must be diverse from 1 other claimant - don’t even look at the stakeholder’s citizenship); (2) AIC = $500 or more; (3) Nationwide service of process; (4) venue lies in a district where any claimant resides Easier std
What are the reqs for a class action?
STEP 1: must meet the following 4 reqs (1) Too numerous for practicable joinder (2) Some questions of law or fact in common to the class (3) Rep’s claims/defenses typical of those of the class (4) Representative will fairly & adequately represent class STEP 2: must fit w/in one of these 3 types of actions (1) Prejudice - class treatment necessay 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)
What actions does a ct take in a class action?
1) The ct must determine “at any early practicable time” whether to CERTIFY the case to proceed as a class action 2) The ct must appt class counsel 3) In a damages type class (ONLY), the ct must notify (often by mail, paid for by class rep) all reasonably identifiable members, telling them various things, including: can opt out;
binding effect of a class judgment on class members; AND can enter a separate appearance through counsel. 4) 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) Parties can dismiss OR settle a certified class action ONLY w/ ct approval
How do you show smjx w/ class action?
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: Any class member is diverse from any ∆ (minimal diversity) 100 class members or more Aggregate amount in controversy exceeds $5M
