Joinder

Question 1

Rules

Answer 1

13, 14, 18, 19, 20, 24

§1367; §1332

Question 2

20

Answer 2

• Plaintiff will look to this rule when drafting a complaint, but if she forgets someone this rule puts forth who can and cannot be added
  (a) (1) Ps can join if same transaction/occurrence or if claims raise one common issue.
  (a) (2) Ds held to this same standard

Question 3

19

Answer 3

If P filed a complaint and it’s pending, but left someone out we look to this rule. There are 3 steps to assess:
1. Is absent party necessary; 2. is joinder of absent party feasible? 3. Is joinder not feasible?

Question 4

Step One

19A(1)(a)

Answer 4

Without the absentee, the court cannot accord complete relief among the parties. Focuses on efficiency.

Question 5

Step One

19A(1)(b)(1)

Answer 5

Absent parties interest will be harmed if she is not joined. Focuses on absent party herself.

Question 6

Step One

19(A)(1)(b)(2)

Answer 6

Absent party’s interest may subject defendant to multiple or inconsistent obligations. This focuses on defendant.

Question 7

Step Two

Answer 7

Is joinder of the absentee feasible?

Only feasible is there is PJ; and if bringing party in does not infringe on diversity.

Question 8

Step Three

Answer 8

Is joinder not feasible?
The court may proceed without the absentee or dismiss the entire case. They likely will not dismiss if there is not some court all parties can go to for case to be heard.(19b). Absentee is considered “indispensable”

Question 9

18

Answer 9

18(a) a party can assert any claim she has against opposing party (!!!), they do not have to be transactionally or legally related. Always check for diversity if asserting multiple claims in a case

Question 10

13

Answer 10

Pertains to claim joinder by defendant

Question 11

Compulsory counterclaim

Answer 11

13a
Only claim in the world that if you don’t use it you lose it.
1. must be against an opposing party
2. must arise from same transaction or occurrence.
3. must exist at the time the opposing party’s pleading is served on you

Question 12

Permissive Counterclaim

Answer 12

13b
Does not arise from same transaction or occurrence of P’s claim. It may be asserted here or sued in separate case.
Must assess SMJ - if doesn’t satisfy diversity or FQ look to supplemental.

Question 13

Crossclaim

Answer 13

Must arise from same transaction or occurrence as underlying.
Never compulsory.

Question 14

Intervention

Answer 14

24

• intervener decides which side to come in on (P or D)
• application to intervene must be “timely”
• there is only a right to intervene if your interest may be harmed if you are not joined (same test as necessary party)
• permissive intervention: claim or defense and pending case have at least 1 common question - up to court’s discretion.
• assess SMJ!

Question 15

Impleader

Answer 15

defending party joins new 3rd party -(3PD)

• they do this because they may be liable to original defendant/3P plaintiff, for original plaintiff’s claims against you.
• indemnity or contribution
• joint tortfeasor

Question 16

Impleader and 14a3

Answer 16

• 3rd party can also assert claim against P if from same transaction or occurrence
• P can assert claim against 3rd party def