Joinder

Question 1

Joinder of Claims

Answer 1

A party may join as many claims as it has against and advisory REGARDLESS of w/e ANY connection b/w those claims.
- No limit

Question 2

can a 1 party join any claims against 1 other party?

Answer 2

YES a party may join as many claims as it has against advisory REGARDLESS of w/e ANY connection b/w those claims.
- No limit

Question 3

Joinder of Parties

Answer 3

can join parties to a lawsuit IF claims involving parties derive from the SAME TRANSACTION OR OCCURRENCE or at least SAME SERIES of transactions or occurrences
- Limit by series of same transactions or occurrences

Question 4

What do you always have to look out for in joinder?

Answer 4

Jurisdiction (supplemental Jurisdiction).

- Watch out of P bringing non-diverse parties in diversity suit

Question 5

Counterclaim

Answer 5

a claim filed by defendant against plaintiff

Question 6

two types of counterclaims

Answer 6

1) permissive

2) compulsory

Question 7

Permissive counterclaim

Answer 7

counterclaim that DOES NOT derive from the SAME TRANSACTION OR OCCURRENCE, as P’s claim and therefore MAY be filed as a counterclaim.

Question 8

Does a permissive counterclaim have to be filed

Answer 8

NO. It may be filed but does not need be.

Question 9

Compulsory counterclaim

Answer 9

derives from SAME TRANSACTION OR OCCURRENCE as P’s claim and therefore MUST be filed it will be bared.

Question 10

key words for compulsory counterclaims

Answer 10

same transaction or occurrence

Question 11

Cross claims

Answer 11

claim by 1 party against ANOTHER EXISTING co-party which MAY be filed if derives from SAME TRANSACTION OR OCCURRENCE that is subject of action

Question 12

Steps for Essay on Joinder?

Answer 12

Is joinder proper?

2) is there supplemental jurisidction

Question 13

4 I’s for joinder

Answer 13

1) impleader
2) interpleader
3) Intervention
4) Indispensable parties

Question 14

Basic what is Impleader

Answer 14

3rd party new claim “all or part”

Question 15

Impleader rule

Answer 15

Defendant MAY implead a BRAND NEW 3rd party IF 3rd party may be liable to defendant “for all or part” of defendants liability to P.

Question 16

When are impleader going to be used?

Answer 16

for idemity and contribution cases

Question 17

When will interpleader be used

Answer 17

for insurance companies

Question 18

What is the rule for interpleader

Answer 18

holder of common fund may file lawsuits as plantiff and interplead and name as defendants all of rival claimants to common fund

1) common fund
2) rival claimants

Question 19

2 rules for interpleader in diversity

Answer 19

1) traditional rule of interpleader diversity

2) statutory interpleader diversity

Question 20

traditional rule of interpleader diversity

Answer 20

need 1) complete diversity and

2) amount must exceed $75k.

Question 21

statutory interpleader diversity

Answer 21

1) minimal diversity (any 2 rivals are from different states, that is good enough
2) $500 alone

Question 22

Intervention definition

Answer 22

act of non-party in moving to become a party in ongoing law suit

Question 23

What are the 2 types of intervention

Answer 23

1) Intervention as of right

2) Permissive intervention

Question 24

Intervention as of right

Answer 24

Inteventor has RIGHT to intervene IF interest which as a practice matter will be advisory affected by lawsuit and not protected by parties.

Question 25

Permissive intervention

Answer 25

parties DISCRETION to permit intervention IF COMMONALITY of issues b/w those and ongoing lawsuit & those affecting interventor

Question 26

Indispensable parties (compulsory joinder)

Answer 26

a nonparty MUST BE JOINED if its absence would be prejudicial, harmful to any parties right to full and fair adjudication. Must join if PJ over the absentee and would not destroy diversity of SMJ.

Question 27

What happens if an indispensable party CANNOT be joined because no Jurisdiction over the non party's claims?

Answer 27

the court MUST decide 1) in equity and good conscious w/e to go on w/o nonparty or instead 2) dismiss entire action for failure to JOIN AN INDISPENSABLE party

Question 28

when are counter claims compulsary

Answer 28

when they arise from the same transaction or occurrence

Question 29

are cross claims compulsary

Answer 29

No, even if arise out of the same transaction or occurrence

Question 30

when are the only times D can assert a claim against a 3rd party

Answer 30

1) indemnity 2) contribution - cannot be because D is not liable at all.

Question 31

are 3rd party defendant's claims against a P compulsory

Answer 31

NO. A 3rd party D MAY assert a claim against the P if the claim arose out of the same transaction or occurrence as the P's original claim.