Joinder Flashcards
What is the general policy in IL for joinder?
Liberal and generally permissive. No compulsory counter-claims
Joinder of claims:
Party may join as many claims as it has against an adversary, regardless of wether there is any connections between those claims.
Joinder of parties
May join parties to a lawsuit if claims involving those parties derive from the same transaction or occurrence OR at least same series transactions/occurrences.
What is an Impleader?
3rd party claims: Ds may implead (bring into lawsuit) a new claim against a new 3rd party IF 3rd party may be liable for all or part of D’s same liability to P.
Indemnity: liable for ALL
Contribution: Partial liability
What is an interpleader?
Interpleader is a holder of a common fund who may file lawsuit as P and interplead (join as Ds) all rival claimants to its common funds.
Ex. Insurance company
What is an intervention?
Its an act of a non-party in moving to intervene in ongoing state action.
When does an intervener have a right to intervene?
When it has an interest which as a practical matter will be adversely affected by lawsuit and not protected by lawsuit.
When might a court grant an intervener motion to intervene?
At court’s discretion if there is a commonality of issues in ongoing lawsuit and those affecting intervention.
What is a class action?
An action in which a named party represents a class of commonly situated absent parties
What is the fundamental requirement for a class action?
Tremendous judicial involvement, consisting of:
- Judge decides whether to certify class
- For all CAs judge must order notice to members
- Judge must approve of any settlement.
What are the five requirements to certify a class?
NAACP
Numerousity- >40 Adequacy of representation Appropriateness for type of claims Commonality of issues Predominance of common issues over individual claims
