Joinder Claims Flashcards
What is the joiner rule about? and what is the two step analysis?
It is about all the claims and parties that can be asserted in federal court.
1. what is the joinder rule that allows order of claims?
2. is there SMJ over the claims?
Rule 18(a) Claim joinder by Plaintiff – What claims can a plaintiff assert?
Allows a plaintiff to already asserting a proper claim, counterclaim, crossclaim, or third-party claim to “pile on” additional claims, even if unrelated. P can assert any claims he has.
Rule 20(a)
Permissive Joinder of Parties: Additional parties can be made plaintiffs or defendants so long as the claims:
1) share a common question of fact or law with an existing claim, and
2) arise from the same transaction, occurrence, or series of T-or-Os as an existing party’s claim.
Rule 19
Explain VIP chart
Required Joinder of Parties: Absent persons must be joined as parties (typically defendants, but sometimes as plaintiffs) if joinder if feasible and if certain conditions are met. The basic idea is that the absent person is a “VIP” and the litigation might not fairly continue if they are not joined.
Claim joinder by Defendant
A defendant can defend the case by suing someone:
- counterclaim 13(a) and 13(b)
-crossclaim 13(g)
counterclaim 13(a) and 13(b)
Compulsory counterclaim 13(a)(1): claim by a defending party against a claiming party that is required, that arises from the same t/o as the plaintiff’s claim. This is the only compulsory claim. If you do not use it, you lose it.
Permissive counterclaim 13(b): a claim by the defending party agaisn the claiming party that is not required to join and does not arise from the same t/o. MAY assert it in this case or you can simply sue on it separately.
Crossclaim 13(g)
FRCP 13(g) A claim by an existing co-party against another existing co-party, and it must arise from the same t/o as the underlying case. Never compulsory. You get a co-party when the plaintiff joined multiple Ps or multiple Ds under rule 20.
Impleader (third party practice) – FRCP 14
Where a D brings a new party into the case (the “third-party defendant”).
You bring a new party because the TPD may be liable to you (the D) for the plaintiffs’ claims against you. Come up in claims of indemnity or contribution.
Difference between crossclaim and impleader?
crossclaim is against existing parties/co-parties, impleader is against non existing parties in the sense that you are bringing in new parties.
Intervention – FRCP 24
An absent person wants to “crash the party ” and become a litigant to an existing lawsuit
Class Actions – FRCP 23
Typically, a class representative sues on behalf of a class/group. The suit must define the class but need not name class members. One or more parties who share interest and trust the representatives that they will represent our interest.
