Joinder

Question 1

what is compulsory Joinder?

Answer 1

in certain situations, a plaintiff must join all interested parties or face dismissal of the lawsuit.

Question 2

what are the three questions you have to ask when analyzing a compulsory joinder question?

Answer 2

1) should the absentee be joined
2) can the absentee be joined
3) if the absentee cannot be joined, should the action proceed

Question 3

When should the absentee be joined?

Answer 3

when 1) complete relief cannot be accorded among the other parties to the lawsuit in the party’s absence, 2) the absence has such an interest in the subject matter that a decision in his absence will either impair or impede his ability to protect the interest or leave any of the other parties subject to a substantial risk of incurring multiple or inconsistent obligations …If yes next question

Question 4

can the absentee be joined?

Answer 4

if the absentee’s presence would not destroy subject matter jurisdiction or venue and the court has personal jurisdiction over the absentee then he is joined. if NO go to next question

Question 5

should the action proceed without the party?

Answer 5

1) prejudice to the absentee or available parties
2) the extent to which such prejudice can be reduced or avoided
3) the adequacy of a judgment rendered without the absentee; and
4) whether the party will have an adequate remedy in another forum if the case is dismissed for non-joinder

Question 6

What is permissive Joinder?

Answer 6

parties may be joined as plaintiffs or defendants where
1) some claim made by each plaintiff and against each defendant relating to or arising out of the same series of occurrences and transactions and 2) there is a question of fact or law common to all parties.

Question 7

can a plaintiff with a common undivided interest be joined even if the individual interest is less than 75k?

Answer 7

yes.

Question 8

Can a plaintiff join any number or types of claims against a defendant?

Answer 8

When multiple plaintiffs or multiple defendants are involved, it is essential only that at least one of the claims arise out of a transaction in which all were involved.

Question 9

can a plaintiff join two claims if success on the first is a prerequisite to the second?

Answer 9

yes

Question 10

what if jurisdiction is based on federal question jurisdiction?

Answer 10

a nonfederal claim can only be joined if it is regarded as the same controversy or case as the federal claim.

Question 11

what if jurisdiction is based on diversity?

Answer 11

a plaintiff may aggregate all claims that he has against defendant (doesnt matter if they relate or not) to satisfy the jurisdictional amount.