Joinder Flashcards
What is the general policy in Illinois for Joinder
liberal and PERMISSIVE policy, liberally encouraged to join. Joinder is all permissive and not cumplusary
Joinder of Claims
A party MAY join as many claims as it has against an adversary REGARDLESS if any connection b/w those joined claims
- no connection needed
- once party is proper, can bring as many claims as it has against other party
Joinder of Parties
may join parties to lawsuit IF claim derives from the SAME TRANSACTION OR OCCURRENCE or at least SERIES of transactions or occurrences
Impleader
3rd party claims. D may implead brand new claim against brand new 3rd party IF 3rd party may be liable to D for “all or part” of D’s same liability
in IL are there any COMPULSORY joinder of claims
NO. IL is permissive, not required under compulsory claims
is impleader allowed solely when D says they are not the right party and should sue someone else instead
NO! must show that it is for the same liability of D on “all or part”
examples of impleader
1) indemnification
2) contribution
interpleder
holder of common fund may file lawsuit as P and interplead ALL rival claimants to common fund as D’s
1) common fund and
2) rival claimants
2 types of intervention
1) intervention as a right
2) permissive intervention
intervention as a right
intervener has a right to intervene IF has interest WHICH AS A PRACTICAL MATTER will be adversely affected by lawsuit and not protected by parties
permissive intervention
judge has discretion to permit intervention IF commonality of issues of fact or law of those in ongoing lawsuit and those affecting intervention
class actions definition
an action which named party represents a class of commonly situated absent parties
fundamental requirements of class action (3 points must)
TREMENDOUS JUDICIAL INVOLVEMENT
1) judge must decide w/e to grant motion to CERTIFY the CLASS
2) judge must order NOTICE that is REASONABLY CALCULATED to appraise all class members of action
3) judge must APPROVE SETTLEMENT of class actions - bar loves class actions
5 classification requirements for ALL types of class actions
1) NUMEROUSITY
2) ADEQUACY
3) APPROPRIATENESS
4) COMMONALITY
5) PREDOMINANCE
acronym for classification requirements of all types of class actions
NAACP
1) numerousity
2) adequacy
3) approtiateness
4) commonality
5) predominance
numerousity requirement for class action certification
class must be so numerous that joinder of them all would be impractiable - 40 or more
what number in IL is so numerous that would make joinder of them all impractibale
40 or more
what is the acronyms for class certification of under FEDERAL and IL
Federal: CANT
1) commonality
2) Adequacy
3) Numerousity
4) typicality
IL: NAACP
1) numerousity
2) adequacy
3) appropriateness
4) commonality
5) predominance
adequacy requirement under class certification requirements
1) named party AND
2) class attorney must fairly and adequately represent class
appropriateness requirement for class certification
class action device must be an appropriate method for resolving this many claims
commonality requirement for class certification
common ISSUES of fact or LAW that pertain to class
predominance requirement for class certification
common issues PREDOMINATE over individual issues
what is needed for notice of class action
REASONABLY CALCULATED TO APPRISE PARTIES OF LITIGATION
what does the court look at for notice of class action
complete discretion of judge, takes into consideration
1) the cost of potential effectiveness of notice.
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in class action for notice, what if the parties names and addess are available
actual notice should be given when party names and addresses are given of potential class members are readily available
is actual notice of class members needed
GR: no. Only reasonably calculated to apprise parties of litigation
x/c for when actual notice of parties for class action is needed
individual notice should be given when the names and addresses of potential class members are readily available.
