Joinder

Question 1

In PA, multiple COAs, arising from the same T/O against the same person, may/must be joined in the same action against the same D.

Answer 1

Must

Question 2

Explain PA’s compulsory joinder rule.

Answer 2

In PA, multiple COAs, arising from the same T/O against the same person, must be joined in the same action against the same D.

Question 3

In PA, claims of multiple plaintiffs or claims against multiple Ds may be brought in a single action IF . . . (2, and)

Answer 3

They arise out of the same T/O or the same series of T/Os; AND

There are common questions of law or fact affecting the rights of the parties.

Question 4

Explain PA’s permissive joinder rule.

Answer 4

In PA, claims of multiple plaintiffs or claims against multiple Ds may be brought in a single action IF . . . (2, and)

They arise out of the same T/O or the same series of T/Os; AND

There are common questions of law or fact affecting the rights of the parties.

Question 5

Under PA’s permissive joinder rule, parties may join or be joined ____ ____ __________ although the COA asserted may be inconsistent with the COA asserted by or against any of the others so joined.

Answer 5

In the alternative.

Question 6

Which of these two things must be true in order for COAs pending in the same county to be COMBINED for joint discovery or joint trial, by the court on its own motion, or on motion of any party.

Answer 6

they involve common questions of law or fact, or

they arise from arise from the same T/O

Question 7

Two separate actions may be only be CONSOLIDATED if these 4 things are true: The same. . .

Answer 7

Same parties

Same subject matter

Same issues

Same defenses

Question 8

Actions pending in different counties, which involve common questions of law or fact, or which arise from the same T/O may be ________.

Answer 8

Coordinated

Question 9

To coordinate cases, a motion is filed where asking for what?

Answer 9

Motion is filed in the county in which the complaint was first filed

Asking that court to stay proceedings in any county where subsequent litigation was filed.

Question 10

Any D may join as an additional defendant any person not already a party to the action who may be one of these three things:

Answer 10

Solely liable

Liable over (liable to D)

J or S liable with D

Question 11

How does a D join a TPD? What rules of service of process apply?

Answer 11

File a third party praecipe for writ or complaint.

Same rules for service as an initial complaint.

Question 12

While a late joinder may be allowed by court order, there is an automatic right to join a TPD within ___ days after service upon the original D.

Answer 12

60

Question 13

What sort of liability for a TPD to P?

Answer 13

P can recover from TPD as though he was named as a D by the P.

Question 14

How might SOL affect the liability of TPD?

Answer 14

If P sues D within the SOL, but the joinder occurs AFTER the SOL, then P may not be able to recover IF the jury finds that the sole party responsible was the party joined after the SOL.

Question 15

If P sues D within the SOL, but the joinder occurs AFTER the SOL, then P may not be able to recover IF . . .

Answer 15

the jury finds that the sole party responsible was the party joined after the SOL.

Question 16

If the joinder of the TPD occurs before the SOL, then P can recover from either D or the TPD as if . . .

Answer 16

the TPD was sued by P in the original complaint.

Question 17

Does PA allow for joint and several liab?

Answer 17

Not generally.

Question 18

J and S liability survives in the following 5 types of actions

Answer 18

Intentional misrep

Intentional torts

Dram Shop Act violations

Release or threatened release of hazardous substances

Where D is held liable for 60% or more of the total liab.

Question 19

J and S liability in a negligence action?

Answer 19

No

Question 20

How must D respond to class action allegations?

Answer 20

Answer (no POs)

Question 21

In a shareholder derivative action, the complaint must state two things with respect to the SH?

Answer 21

Is a SH now; and

Was a SH at the time of the T/O

Question 22

Where there is a coverage dispute and an insurance company refuses to defend or indemnify the D, the D may/may not join Ins. Co. as an additional D in a PA Court.

Different or same from Fed?

Answer 22

May MOT

Different.

Question 23

A petition for INTERpleader should allege that (3):

Answer 23

A claimant not a party of record has made or is expected to make a demand upon the D that might expose D to multiple liability;

Whether D has admitted the claim to one or more of the claimants

The interest, if any, that the D claims in the money or property