Joinder and Aggregation Flashcards
Policy of joinder
Expansively resolve disputes without creating more
Consequences of messing up joinder normally
Dismissal without prejudice and leave to amend
In what rules is misjoinder preclusion
13a, 18a, 19
Same transaction/ occurrence generally means
Same evidence but very squishy
R18 concerns
joinder of claims
18 says a party can bring - against opposing party
As many claims as it has
Under 18, joined claims do not have to
Arise from same transaction
If under R 18 a party does not …. Then ..l
Bring all claims they have arising out of same occurrence, then if final judgment barred by res judicata from bringing again
R13a states that
Must state any counterclaims arising from same transaction and don’t require adding party that court doesn’t have jurisdiction over
What rule about compulsory counterclaims
13a
13b states
May bring any counterclaims you want (permissive)
R20a1 permits plaintiffs to
Join claims arising from same transaction that have common question of law or Fact
R20a2 allows
Defendants to join if arise from same occurrence and common Q of law or fact
Under r20, claims do not … just need to
Need to be the same, arise from same set of facts
Under R21, misjoinder is not
Grounds for dismissing an action
Under r21, court may at any time
Drop or add a party or sever any claim against a party
Party is necessary if failure to join them would
Prejudice a party already in the suit
12b7
Motion to dismiss for failure to join a necessary party under R19
Defendant may bring claim against nonparty who may be liable to D for all or part of claim against it
Impleader
For Impleading, defendant may bring claim
against nonparty who may be liable to D for all or part of claim against it
Impleader is — judicial discretion
always up to
Factors in favor of Impleading
Efficiency, avoiding inconsistent judgments
Factors against impleading
Delay, complicate issues, prejudice to P
Gross rule
Impleader can be speculative, don’t have to prove other D liable just that they may be
Interpleader is used to
Figure out who has the superior claim to sue someone
Interpleader is often used to resolve
Disputes under insurance contracts
For inter pleading, adverse claimants must be
Demanding the same thing
Rule 22 concerns
Interpleaders
R22a1, people with claims that may expose a plaintiff to — may be —
Double or multiple liability, joined as defendants and required to interplead
