Joinder and Supplemental Jurisdiction

Question 1

RULE 18. JOINDER OF CLAIMS

Answer 1

A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.

Question 2

RULE 20. PERMISSIVE JOINDER OF PARTIES - Plaintiffs

Answer 2

Persons may join in one action as plaintiffs if:

(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; AND

(B) any question of law or fact common to all plaintiffs will arise in the action.

Question 3

RULE 20. PERMISSIVE JOINDER OF PARTIES - Defendants

Answer 3

Persons may be joined in one action as defendants if:

(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; AND

(B) any question of law or fact common to all defendants will arise in the action.

Question 4

RULE 13.(a) Compulsory Counterclaim.

Answer 4

(1) In General. A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; AND

(B) does not require adding another party over whom the court cannot acquire jurisdiction.

Question 5

RULE 13.(b) Permissive Counterclaim.

Answer 5

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.

Question 6

RULE 13.(g) Crossclaim Against a Co-party

Answer 6

A pleading may state as a crossclaim any claim by one party against a co-party if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, OR
if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

Question 7

RULE 14(a)(1) When a Defending Party May Bring in a Third Party.

Answer 7

Timing of the Summons and Complaint. A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer.

Question 8

RULE 14(a)(3) Plaintiff’s Claims Against a Third-Party Defendant

Answer 8

The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff.

Question 9

RULE 14(a)(5) Third-Party Defendant’s Claim Against a Nonparty

Answer 9

A third-party defendant may proceed under this rule against a nonparty who is or may be liable to the third-party defendant for all or part of any claim against it.

Question 10

RULE 14(b) When a Plaintiff May Bring in a Third Party

Answer 10

When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.

Question 11

Kay Robinson is driving her Audi on the Oklahoma Turnpike when Lloyd Hull drives his car into her rear bumper, causing a fire that harmed Kay and destroyed her car. Kay sues Lloyd for her personal injuries and joins a claim for the damage to her car. Is this permissible under the Federal Rules of Civil Procedure?

Kay ————————— Lloyd
Claim #1: PI

           ------------------------- 
Claim #2: Property damage

Answer 11

Rule 18(a) Joinder of claims

Question 12

Kay Robinson is driving her Audi on the Oklahoma Turnpike when Lloyd Hull drives his car into her rear bumper, causing a fire that harmed Kay and destroyed her car. Kay sues Lloyd for her personal injuries and joins a claim for the damage to her car. MUST Kay join the second claim if she brings the first one, or could she file the second one later in a separate case?

Kay ————————— Lloyd
Claim #1: PI

           ------------------------- 
Claim #2: Property damage

Answer 12

Yes

Question 13

Kay Robinson is driving her Audi on the Oklahoma Turnpike when Lloyd Hull drives his car into her rear bumper, causing a fire that harmed Kay and destroyed her car. Kay sues Lloyd for her personal injuries. Coincidentally (suspend your disbelief), Kay has an unrelated claim for breach of contract against Lloyd. May Kay bring these two claims in one case against Lloyd?

Kay ——————————————— Lloyd
Personal injuries

    ---------------------------------------------
     Unrelated breach of contract

Answer 13

Yes

Question 14

Kay’s daughter Eva was in the Audi at the time of the accident and suffered severe burns. May Kay and Eva together sue Lloyd in one case?

Kay————————
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\
\
Lloyd
/
/
Eva————————/

Answer 14

Yes Rule 20(a) and (b)

Question 15

Kay’s daughter Eva was in the Audi at the time of the accident and suffered severe burns. Could Kay and Eva choose instead to sue Lloyd in separate lawsuits, or is it mandatory that they join together?

Kay————————
\
\
\
Lloyd
/
/
Eva————————/

Answer 15

Yes as long as all subject matter Jurisdiction is met