Joinder Flashcards
Claims
Plaintiff may join as many claims as he has against defendant, regardless of connection between claims
Parties
Plaintiff may join parties if claims involving parties derive from same transaction/occurrence OR at least common series of transactions/occurrences.
Counter Claims (Permissive)
Claims filed by defendant against plaintiff (All Oregon Counter Claims are Permissive) no sameness as plaintiff’s claims, may be filed BUT NOT NEEDED failure to file will not waive.
Counter Claims (Compulsory)
Applies to Federal Courts Only!!
Claim that has sameness, MUST BE FILED OR BE WAIVED.
Impleader
3rd party claims defendant may implead brand new claim against 3rd party IF: new 3rd party may be liable to defendant for all/party of defendant’s same liability to plaintiff.
Interpleader
Holder of common fund may file lawsuit as plaintiff and interplead all rival claimants to common fund.
Traditional Interpleader 75K + complete diversity
Statutory Interpleader 500 + minimal diversity (any two rival claimants are from different states)
Intervention
Act of non-party in moving to intervene to become a party on an on-going lawsuit.
Fed Ct. This is a right, when decision among parties, could impair intervener’s ability to protect interest, and intervener is not adequately represented by existing party INTERVENTION MUST BE TIMELY.
OREGON - Court has discretion to look at commonality of issues.
Indispensable Parties
Non-party must be joined if absence would be prejudicial to any party’s right to a full and fair adjudication.
If party CANNOT be joined because lack of jurisdiction COURT MUST DECIDE whether in equity and good conscious to dismiss entire matter.
Class Action
Action Brought by named plainitff on behalf of a class of commonly situated absent plaintiffs
Class Action Certification Requirements
Commonality of issues of fact or law pertaining to class/common injuries. Adequace - class rep and counsel must adequately represent class interests, Numerosity, class so numerous, joinder would be impracticable (40+), Typicality, claims of named plaintiff must be typical of class.
Class Action Additional Requirements If Class is Seeking Money
Predominance, common issues must predominate over individual issues AND Superiority class action method is superior method of adjudicating.
Class Action Notice
Class must reieve notice of action and have a right to Opt Out.
Oregon Only - defendant must receive pre-filing notice of action and plaintiff must complete a claim form.
Class Action Fairness Act (CAFA)
100 or more plaintiff together seeking 5 million if any single plaintiff is from different stand than single defendant FEDERAL COURTS HAVE JURISIDICTION.
