Joinder

Question 1

What is the joinder rule for a plaintiff wishing to assert an additional claim?

Answer 1

The plaintiff can join any new claim against the defendant, even if unrelated.

Question 2

What is the joinder rule for plaintiffs joining multiple defendants in one claim?

Answer 2

The claim must (1) arise from the same T/O; and (2) raise at least one common question

Question 3

For joinder cases, you still need to assess what?

Answer 3

Subject matter jurisdiction

Question 4

Who is a Necessary party to a case?

Answer 4

An absentee who meets any of these tests:

— Without them, there could be multiple other suits

— The absentee’s Interest may be hurt if not brought in

— The absentee claims an interest which subjects D to a risk of multiple obligations

Question 5

Typically, is a joint tortfeasor a necessary party to a claim?

Answer 5

Never

Question 6

Once you’ve determined whether an absent party is “necessary,” what’s the second step you consider?

Answer 6

Can the absentee be joined? In other words, will joining them won’t destroy diversity of citizenship and the court has personal jurisdiction.

Question 7

If the absentee can be joined, what should the court do next?

Answer 7

ORDER that the absentee is joined.

Question 8

What happens if the absentee cannot be joined to the case?

Answer 8

The court either proceeds without them or dismissed the case.

Question 9

What factors do the court consider when deciding whether to proceed with the case without the absentee or dismiss it?

Answer 9

— Is there an alternative forum available?

— What’s the level of game to the parties?

— Could the court shape the relief to limit harm?

Question 10

What is a compulsory counterclaim?

Answer 10

It must arise from the same T/O as the plaintiff’s claim and if you don’t assert this in the current case, you’ll lose the right

Question 11

What is a permissive counterclaim?

Answer 11

You MAY assert this claim in the current or another case.

Question 12

Before the counterclaim can be heard in the case, what else must you assess?

Answer 12

Subject matter jurisdiction. (Does the counterclaim invoke diversity or federal question?)

Question 13

What is a cross-claim?

Answer 13

A claim by one Defendant against another Defendant

It must arise from the same T/O

It’s not compulsory to assert in the current case, however.

Question 14

What is an impleader claim and is it compulsory?

Answer 14

An impleader is where a defending party is trying to bring a new defendant into the case to shift their liability.

It is NOT COMPULSORY

Question 15

What are the 4 steps an impleading Defendant needs to take to bring a third party D into the case?

Answer 15

Step 1: Defendant files a complaint naming the third party Defendant

Step 2: Defendant serves Process on the third party Defendant (so need personal jurisdiction over the new party)

Step 3: There is a right to implead this third party within 14 days of serving your answer. Otherwise you need court permission.

Step 4: After the third party Defendant is joined, the plaintiff if the plaintiff or new defendant can assert a claim against one another, provided it arises from the same T/O.

Question 16

In addition to following the steps to implead a new Defendant third party, what must you also consider?

Answer 16

Subject matter jurisdiction for each claim. If it doesn’t work, consider supplemental jurisdiction.

Question 17

When a non-party attempts to bring themselves into a case as either a plaintiff or defendant, it’s called what?

Answer 17

Intervention

Question 18

What’s the difference between permissive intervention and intervention of right?

Answer 18

Intervention of right— joining party’s interests will be harmed if they’re not joined and adequately represented.

Permissive intervention— the joining party has at least one common claim or defence, but joining them is discretionary.

Question 19

What are the 4 requirements to form a class action?

Answer 19

Numerosity = too many members to have joinder.

Commonality (of members issue)

Typicality = claims are typical to those of the class, AND

Adequate Rep = a class representative who fairly and adequately represents the class.

Question 20

Which are the three types of class action?

Answer 20

(1) Prejudice = class action necessary to avoid harm
(2) Injunction or Declaratory Judgment = Defendant treated the class alike
(3) Damages = (a) common questions predominate over individual ones; AND (b) class action is the superior method to deal with the dispute.

Question 21

If a class action involves Damages, what must the court do formalise the class?

Answer 21

1. Court grants a motion to CERTIFY the class
2. Court then defines the class, issues and defences and appoint counsel to adequately and fairly represent.
3. Court sends notice (usually by mail) to all identifiable class members that they’re in the class.
4. Notice tells the members that: (a) they can opt out; (b) they’ll be bound if they don’t; and (c) they can have a separate appearance through counsel.

Question 22

Can the parties settle or dismiss a class action?

Answer 22

Only with court approval.

Question 23

For class actions, you’ll still need to consider subject matter jurisdiction. If the class does this through diversity of citizenship, whose citizenship counts? And what does the amount in controversy need to be?

Answer 23

For the plaintiffs, you only consider the citizenship of their Representative.

And you consider the amount that the Representative is claiming on behalf of the class.