Joinder and Aggregation

Question 1

Policy of joinder

Answer 1

Expansively resolve disputes without creating more

Question 2

Consequences of messing up joinder normally

Answer 2

Dismissal without prejudice and leave to amend

Question 3

In what rules is misjoinder preclusion

Answer 3

13a, 18a, 19

Question 4

Same transaction/ occurrence generally means

Answer 4

Same evidence but very squishy

Question 5

R18 concerns

Answer 5

joinder of claims

Question 6

18 says a party can bring - against opposing party

Answer 6

As many claims as it has

Question 7

Under 18, joined claims do not have to

Answer 7

Arise from same transaction

Question 8

If under R 18 a party does not …. Then ..l

Answer 8

Bring all claims they have arising out of same occurrence, then if final judgment barred by res judicata from bringing again

Question 9

R13a states that

Answer 9

Must state any counterclaims arising from same transaction and don’t require adding party that court doesn’t have jurisdiction over

Question 10

What rule about compulsory counterclaims

Answer 10

13a

Question 11

13b states

Answer 11

May bring any counterclaims you want (permissive)

Question 12

R20a1 permits plaintiffs to

Answer 12

Join claims arising from same transaction that have common question of law or Fact

Question 13

R20a2 allows

Answer 13

Defendants to join if arise from same occurrence and common Q of law or fact

Question 14

Under r20, claims do not … just need to

Answer 14

Need to be the same, arise from same set of facts

Question 15

Under R21, misjoinder is not

Answer 15

Grounds for dismissing an action

Question 16

Under r21, court may at any time

Answer 16

Drop or add a party or sever any claim against a party

Question 17

Party is necessary if failure to join them would

Answer 17

Prejudice a party already in the suit

Question 18

12b7

Answer 18

Motion to dismiss for failure to join a necessary party under R19

Question 19

Defendant may bring claim against nonparty who may be liable to D for all or part of claim against it

Answer 19

Impleader

Question 20

For Impleading, defendant may bring claim

Answer 20

against nonparty who may be liable to D for all or part of claim against it

Question 21

Impleader is — judicial discretion

Answer 21

always up to

Question 22

Factors in favor of Impleading

Answer 22

Efficiency, avoiding inconsistent judgments

Question 23

Factors against impleading

Answer 23

Delay, complicate issues, prejudice to P

Question 24

Gross rule

Answer 24

Impleader can be speculative, don’t have to prove other D liable just that they may be

Question 25

Interpleader is used to

Answer 25

Figure out who has the superior claim to sue someone

Question 26

Interpleader is often used to resolve

Answer 26

Disputes under insurance contracts

Question 27

For inter pleading, adverse claimants must be

Answer 27

Demanding the same thing

Question 28

Rule 22 concerns

Answer 28

Interpleaders

Question 29

R22a1, people with claims that may expose a plaintiff to — may be —

Answer 29

Double or multiple liability, joined as defendants and required to interplead