joinder

Question 1

joinder

Answer 1

every claim must have SMJ

Question 2

joinder by P

Answer 2

may join any additional claim evne if the additional claim is unrelated to the OG

test for joining claims

1. do the claims arise from teh same transaction or occurrence and
2. do they raise at least one common question

Question 3

joinder of parties

Answer 3

Rule
1. without absentee, the court cannot accord completel relief among hte existing parties (worry multi suits) OR

1. absentee’s interest may be harmed if he is not joined (practical harm) OR
2. claims an interest that subjects a party to a risk of mulitple oblgations

JOINT TORTFEASORS ARE MOST LIEKLY

TO JOIN SEE IF ITS FEASIBLE

1. is there PJ over absenetee
2. joinig absentee will not mess diveristy

if feasible - ordre joinder of absentee

tfesability test

1. is there an alternative forum avaialble.
2. what is the actual likelihod of harm to you
3. can the court shape reflief to avoid that harm to yhou

Question 4

counterclaim

Answer 4

claim against an opposing part

once received, P must resond within 21 days of servicefor a counterclaim

Question 5

compulsory counterclaims

Answer 5

compulsory - arises from same transasction or occurrence as P’s claim. must file this or you lose it forever (e.g. if you don’t use it can’t start a new case with it)

if you dismissed before got to counterclaims, then that means that you can still have them

Question 6

permissive counterclaims

Answer 6

do not arise form the same transaction and occurrence as P’c claims

can use in separate case

Must assess whether the coutner claim has diversity or FQ. If it does, it’s in Federal. If not, then you have to try supplement jur

Question 7

crossclaims

Answer 7

this is a claim against a co-party. It MUST arise from the same transaction or occurrence as the underlying action. but it is not compulsory - you may assert it elsewehre

e.g. P (NY) sues D1 (PA) and D2 (PA) for $500K. D1 is driver, D2 is car owner. D2 may use a cross claim against D1 (not necessary).

Can cross claim be in fed court? No diversity, so no. No FQ, so hav eto rely on supplemental jur. Does supp jur exclude it? No. becuase supp jur only excludes a claim by a P trying to use supp jur

Question 8

impleader

Answer 8

defending party (usually D) is trying to bring in someone new. New party is third party defensdant.

Not necessary to assert in claim

ONLY COMPULSORY CLAIM IS THE COMPULSORY COUNTERCLAIM

This is shifting liability from D to TPD

ALMOST ALWAYS A CLAIM FOR INDMENITY OR CONTRIBUTION (indem is full shit and contribution is parital)

Question 9

steps for impleader

Answer 9

1. D files a third party complaint naming TPD
2. serves process on TPD (so much have PJ over TPD)

righ tto implead within 14 days of serving your answer. After that need court permission.

P can asset claim against TPD if involved in the same T/

MUST ASSESS SMJ

1. TRY DIV AND FQ
2. IF FAILS TRY SUPP JUR

FOR DIVERSITY TREAT DEFENDANT AS THE PLAINTINFF AND TPD AS THE NEW DEFENDANT. THAT’S THE WAY DIVERSITY IS RUINED. IGNORED THE P HERE. This is becasue P is not a party to this claim