Joinder and Supplemental Jurisdiction - Joinder

Question 1

Rule 18(a)

Joinder of Claims

Answer 1

A plaintiff may join all claims she has against a defendant

Question 2

Rule 42(b)

Severance

Answer 2

A court may separate claims into different trials to avoid prejudice or for efficiency

Question 3

Res Judicata (Claim Preclusion)

Answer 3

A plaintiff who has sued a defendant on a set of facts may not sue the defendant again in the same set of facts

Question 4

Rule 20(a)

Joinder of Parties

Answer 4

Parties may join together if

• Their claims arise out of the same transaction or occurrence, or series of transactions or occurrences, and
• Their claims involved any question of law and fact common to the plaintiffs
• Defendants may be sued together under the same conditions
• The court may grant judgment for each plaintiff or against each defendant according to their rights and liabilities.

Question 5

Rule 20(b)

Protective Measures

Answer 5

A court may issue orders to protect a party against embarrassment, delay, expense or other prejudice that arises from including a person against whom the party has no claim or who asserts no claim against a party.

Question 6

Hohlbein v. Heritage Mutual Insurance Co.

Establish a Pattern

Answer 6

Parties whose facts are not exactly the same may join together if they illustrate a pattern in the defendant’s action.

Question 7

Rule 82

Jurisdiction and Venue Unaffected

Answer 7

The right to join parties does not confer subject matter jurisdiction or personal jurisdiction. In fact, they trump joinder.

Question 8

Rule 21

Misjoinder and Nonjoinder of Parties

Answer 8

• Misjoinder is not grounds for dismissing a claim
• On motion or on its own, the court may add or drop a party on just terms
• The court may sever any claim against a party