JOINDER

Question 1

CLAIM OF JOINDER BY PLAINTIFF

Answer 1

may sue as co-plaintiffs if the claims arise from the same T/O AND raise at least one common question

Question 2

PLAINTIFF JOINDER: COMPULSORY JOINDER- INDISPENSABLE PARTIES

Answer 2

a P must join all interested parties or face dismissal of the lawsuit under 12(b). Three step process for analyzing compulsory joinder

Question 3

STEP 1 INDISPENSABLE PARTIES- SHOULD THE ABSENTEE BE JOINED

Answer 3

Absentee should be joined when:

1. complete relief cannot be given without the absentee
2. A has such an interest in the subject matter that
   - a decision in A’s absence will impair or impeded A’s ability to protect the subject matter; OR
   - will leave any other parties subject to a substantial risk of incurring multiple unnecessary obligations

Question 4

Step 2 INDISPENSABLE PARTIES- CAN THE ABSENTEE BE JOINED

Answer 4

feasible if:
1. there is personal jurisdiction over A and
2. joining A will not interfere with diversity jurisdiction (court determines whether A is a P or D to determine if there will be an issue with diversity)
Must be joined if there is personal jurisdiction over the A and diversity will not be destroyed by A’s joining.

Question 5

STEP 3 INDISPENSABLE PARTIES- SHOULD THE ACTION PROCEED WITHOUT A

Answer 5

If joining A is not possible, court MUST determine whether in equity and good conscious the action should proceed or if the action should be dismissed. Court considers:

1. the extent of the prejudice to the absentee or available parties if there is a judgment;
2. reduction or avoidance of prejudice by means of protective provisions in the judgment
3. adequacy of a judgement entered without A
4. Whether P will have an adequate remedy (in another forum) if the case is dismissed for nonjoinder.

Question 6

DEFENDANT JOINDER- COMPULSORY COUNTERCLAIM

Answer 6

Plaintiff sues Defendant, Defendant then sues plaintiff= counterclaim
Arises from the same T/O as the P’s claim.
** use it or lose it.
Must be brought up

Question 7

DEFENDANT JOINDER- PERMISSIVE COUNTERCLAIM

Answer 7

Does not arise from same T/O and is not required to be filed in case at hand- can be filed in a separate case.
SMJ: asses whether counterclaim invokes diversity or federal question, if not- try supplemental jurisdiction.

Question 8

PERMISSIVE JOINDER- REQUIREMENTS

Answer 8

Claim is made by each P against each D relating to or arising from Same T/O and
Question of law and fact to ALL parties

Question 9

JOINDER OF CLAIMS

Answer 9

P can join any number and type of claims against a D
when multiple P’s or multiple D’s are involved it is essential only at least one of the claims arise out of a transaction in which ALL were involved.
- permitted when the success of one claim is a prerequisite to the success of the second
- when jurisdiction based on diversity, P may aggregate all claims to satisfy amount
- When jurisdiction is based on FQ, supplemental jurisdiction applies. Court will have supplemental jurisdiction if the claim is regarded as part of the same case or controversy as the federal claim

Question 10

CROSSCLAIM

Answer 10

claim made against a co-party.

MUST arise from the same T/O as the underlying action- NOT compulsory, may be risen now or sue seperately

Question 11

IMPLEADER

Answer 11

Defending party brings in someone new- third party defendant.
attempt to shift liability to the third party defendant that the defendant owes to the plaintiff.
- usually for indemnity (third party must cover full claim) or contribution (third party must cover a pro-rate portion of the claim
- supplemental jurisdiction will be invoked because claims will the the common nucleus of operative fact requirement.
non-indemnity or contribution impleader: as part of the third- party complaint, the third party plaintiff MAY enjoin other claims she may have against the third-party defendant. Need supplemental jurisdiction if diversity or FQ doesn’t apply
- court may sever third party claim if it is just to do so.

Question 12

INTERVENTION

Answer 12

non party brings herself into the case
Chooses to come into the case as either P or D
1. Intervention as of right:
- available whenever the applicant claims an interest in the property or transaction that is the subject matter of the action and the disposition of the action without her may impair her ability to protect that interest.
2. Permissive intervention:
- available when the applicant’s claim or defense and the main action have a question of fact or law in common; not direct personal or pecuniary interest is required
- must not destroy complete diversity and must be supported by own jurisdictional ground

Question 13

INTERPLEADER

Answer 13

permits a person (a stakeholder) to require two or more claimants to litigate among themselves to determine which, if any has the valid claim where separate actions might result in double liability on a single obligation

1. Rule 22 interpleader- normal rules regarding SMJ
2. Federal interpleader: jurisdiction permitted where amount in controversy is $500 or more and there is diversity between any two contending claimants.

Question 14

CLASS ACTIONS- REQUIREMENTS

Answer 14

1. class so numerous that joinder is impractical
2. question of law and fact common to the class
3. named parties’ interests are typical of class
4. named representatives will ensure the fair and adequate representation of the interests of the absent members of the class.
5. Action meets one of the three types of class actions
   * * court will appoint a class lawyer
   * * will define class claims, issues or defenses when certifying the class
   * * all members will be bound by the judgment EXCEPT in a common question class action

Question 15

CLASS ACTIONS- TYPE 1: PREJUDICE

Answer 15

separate actions by class members would create a risk of inconsistent results or would impair the interests of other absent members of the class

Question 16

CLASS ACTIONS- TYPE 2: INJUNCTION OR DECLARATORY JUDGMENT

Answer 16

Defendant has acted or refused to act on grounds applicable to the class and injunction or declaratory relief is appropriate to the class 
- no monetary relief

Question 17

CLASS ACTIONS- TYPE 3: DAMAGES

MOST COMMON

Answer 17

There are questions of fact or law common to members of the class that predominate over individual issues and a class action is superior to alternative methods of adjudication. 
- court must notify the class members

Question 18

CLASS ACTIONS- NOTICE

Answer 18

Notice required to all members of the class of the pendency of the class action only in common question suits (damages)
discretion of the court for type 1 and type 2 suits

Question 19

CLASS ACTION- JURISDICTION

Answer 19

Diversity: ONLY citizenship of representatives taken into consideration for diversity jurisdiction.
Amount in controversy satisfied if ANY named representative claims exceeds $75,000. Supplemental jurisdiction invoked for claims not over $75k
Federal Question: claim arising under federal question invokes this

Question 20

CLASS ACTIONS- SETTLEMENT OR DISMISSAL

Answer 20

Notice must be given to ALL members
Settlement procedure:
settlement hearing required, settlement permitted if the court finds the terms to be fair, reasonable, and adequate considering such factors as:
1. whether representative and class counsel have fairly and adequately represented the class
2. settlement negotiated at arm’s length
3. relief is adequate in light of risks and delays of further litigation, the effectiveness of distributing relief to the class and attorney’s fees; and
4. settlement treats all members fairly

Question 21

CLASS ACTIONS- SETTLEMENT OPT OUT PROVISION

Answer 21

Those who were notified of the pendency of the action and did not opt-out are given a second chance to opt out

Question 22

CLASS ACTION FAIRNESS ACT

Answer 22

lets a federal court hear a class action of at least 100 members if any class member is of diverse citizenship from any defendant and if the aggregated claims of the class exceed $5,000,000
** easier for interstate class actions to get into federal court