Joinder Flashcards
Joinder of parties
Joinder of parties: Plaintiffs and/ or defendants may be joined to an existing case if the claims arise from the same transaction or occurrence and raise at least one common question. However, there still must be subject matter jurisdiction.
Necessary party-Definition
A party is a necessary party if
a. The court cannot provide complete relief without the necessary party; or
b. The absent party’s interest will be harmed if he is not joined; or
c. The absent party is subject to multiple inconsistent obligations.
Necessary party-Join
A necessary party must be joined if
a. The court has personal jurisdiction over him;
b. Joining him doesn’t destroy diversity, where diversity is the basis of federal subject matter jurisdiction.
Necessary party-Unable to join
If a necessary party cannot be joined because of one of the reasons noted above, the court will consider if there is an alternative forum available, assess the likelihood of prejudice, and whether the court can shape relief to avoid the prejudice. The court may either
a. Dismiss the case; or
b. Proceed with the case without the necessary party.
Indispensable party
A party is indispensable if complete relief cannot be provided in his absence yet he is unable to be joined to the case for some reason. When a party is indispensable the case must be dismissed.
Impleader
Impleader is a mechanism a defending party can use to add a third party defendant in order to seek indemnity, subrogation, or contribution.
- Supplemental jurisdiction will apply and no independent basis for subject matter jurisdiction is required.
- California calls this a cross complaint, and it is broader since it allows the addition of any claim on which the third-party defendant is liable so long as it pertains to the same transaction or occurrence.
Intervention
Intervention applies when a nonparty claims an interest in the property or transaction that is the subject of the pending lawsuit and disposition in his absence will impair his rights. California allows intervention if the potential intervener’s interest is direct and immediate, and does not allow intervention if the interest is indirect and consequential.
Interpleader
Interpleader is an action where one holding property (the stakeholder) forces all potential claimants (people who claim the property) into a single lawsuit to avoid multiple and inconsistent litigation. There are two types of interpleader:
- Statutory: Requires only that one claimant must be diverse from one other claimant and the amount in controversy must be $ 500 or more.
- Rule 22 interpleader: Requires that the stakeholder must be diverse from every claimant and the amount in controversy must exceed $ 75,000.
Counterclaim
Counterclaim is an offensive claim against an opposing party. There are two types:
a. Compulsory Counterclaims
b. Permissive Counterclaims
Compulsory Counterclaims
Arise from the same transaction or occurrence as the plaintiff’s claim and must be raised in the pending case or the claim is deemed waived.
Supplemental jurisdiction: An independent basis for subject matter jurisdiction is not required since supplemental jurisdiction will extend to a compulsory counterclaim.
Permissive counterclaims
Do not arise from the same transaction or occurrence and may be raised in the pending case or in a separate case. i. No supplemental jurisdiction: A permissive counterclaim must have an independent source of subject matter jurisdiction.
Third-Party Actions-CEC
California uses the term cross complaint for all third-party actions, such as counterclaims, cross claims, impleader, etc.
Cross claim
Cross claim is an offensive claim against a co-party and must arise from the same transaction or occurrence. Cross claims are never compulsory. (This is called a cross complaint in California.)
Supplemental jurisdiction: An independent basis for subject matter jurisdiction is not required since supplemental jurisdiction will extend to a cross claim.
