Joinder Flashcards
Joinder:
Multiple Ps or Multiple Ds
1) Claims must arise from same T/O; AND
2) Claims must raise at least one common Q
Joinder: Necessary Parties (framework)
Step 1: Determine if party is necessary
Step 2: Determine if joinder is feasible
Joinder:
Who is a necessary party
A court may force an Absentee (A) to join a case if:
(1) Without A, court cannot accord complete relief among existing parties; OR
(2) A’s interest may be harmed if he’s not joined (practical harm); OR
(3) A claims an interest that subjects a party (usually D) to a risk of multiple obligations.
Joinder:
When is joinder of a necessary party feasible
It is feasible if
(1) There is PJ over the party
(2) Joinder would not destroy diversity
Joinder:
What happens if joinder is not feasible
Court will proceed without A or will dismiss the case.
Factors:
1. is there an alternative forum available
2. What is the actual likelihood of harm
3. Can the court shape relief to avoid the harm
If court decides to dismiss, we call the party “indispensable”
Joinder:
Impleader (third-party practice)
Defending party brings in a third-party defendant to shift his liability to the TPD—so always for indemnity or contribution.
Step: (1) file third-party complaint; (2) service process on TPD
Note: never compulsory; can implied within 14 days; after than need court permission.
Joinder:
Intervention
Nonparty can bring herself into the case:
As a matter of right if the person’s interest may be harmed if she is not joined is not adequately presented now (same as test b for Necessary parties)
Permissive: if A’s claim/defense and the pending case have at least one common question — discretionary; usually okay unless intervention will cause delay or prejudice someone
Class Action:
Initial Requirements
(1) Numerosity: too many class members for practicable joinder
(2) Commonality: some issue in common to all class members so that resolution of that issue will generate answers for everyone in one stroke.
(3) Rep’s claims are typical of those of the class; AND
(4) Rep must be adequate - Rep will fairly and adequately represent the class
Class Action:
Three types
(1) Prejudice: Class treatment is needed to avoid harm either to class members or non-class party. (e.g., limited fund of money)
(2) Injunction / Declaratory Judgment: (e.g., employment discrimination)—note: generally can’t seek damages
(3) Damages: (i) common questions predominate over individual questions; AND (ii) the class action is the superior method to handle the dispute.
Class Action:
Certification
Doesn’t become a class action until Court grants motion for certification.
Court must (1) define the class and the class claims, issues, and defenses; AND (2) appoint class counsel
Class Action:
Type 3 Notice
Court must notify all reasonably identifiable class members that
(1) they are in the class
(2) they can opt out
(3) they’ll be bound if they don’t
(4) they can enter a separate appearance through counsel
Class Actions:
Diversity JX
When determining if there’s diversity JX, consider only the citizenship of the rep and the rep’s claim >$75k
Joinder:
If a party is jointly and severally liable with a party who is not joined, is the unjoined party be a necessary party?
No. If a defendant is jointly and severally liable, it is not a necessary party as long as one of the j+s liable parties is a party.
