Joinder/Multiple Parties & Claims (Stage) Flashcards
What is Rule 19 Joinder of Parties?
It allows parties to bring other parties into a lawsuit for a just result.
What is Compulsory Joinder?
A situation where an indispensable party must be added for the case to continue.
What is Permissive Joinder?
A situation where a party is not indispensable but may be allowed to join if appropriate.
What are the three steps to determine joinder?
- Step 1: Should the party be joined?
- Step 2: Can the party be joined?
- Step 3: Can the suit proceed without the party?
What does Rule 19(a) define?
It defines when a party is ‘necessary’ and must be joined for a case to proceed.
What does Rule 19(b) define?
It defines when a party is ‘indispensable’ but cannot be joined.
What is Rule 18 Joinder of Claims?
It allows a different claim from the same plaintiff or a different plaintiff to come into an original lawsuit.
What are Successive Claims?
When success on a first claim is a prerequisite for success on a second claim, allowing the same plaintiff to join the two claims.
What is the Jurisdiction Threshold regarding claims?
The plaintiff can combine multiple claims to meet the ‘excess of $75k’ requirement for diversity jurisdiction.
What is a Class Action?
A lawsuit involving multiple parties usually suing one entity for the same cause of action.
What are the prerequisites for a Class Action?
- Too many plaintiffs must not make joinder impractical
- Common question of law or fact among plaintiffs
- Named party’s interests must be typical of the class
- Fair and adequate representation by the named party
- Must meet the requirements of Rule 23(b)
What is the role of Certification in Class Actions?
The trial judge must certify in writing that the prerequisites for class action are met.
What must be given to all members in a Class Action?
Notice to ‘opt in’ or ‘opt out’.
What does the Class Action Fairness Act do?
It relaxes federal jurisdiction requirements for some class actions for easier filing or removal to federal court.
What is Interpleader?
A process by which a defendant forces two or more plaintiffs to battle each other to determine who has a valid claim.
What is Rule 22 regarding Interpleader?
It asserts that all requirements of federal diversity jurisdiction remain in effect.
What does 28 USC Section 1335 state regarding Interpleader?
The amount in controversy must be in excess of $500.
What is Rule 24 Intervention?
A non-party seeks to enter into the lawsuit as a plaintiff.
What is Intervention of Right?
When an applicant claims an interest that may be impaired without their involvement.
What is Permissive Intervention?
When the applicant’s claims/defense share questions of fact or law in common with the original lawsuit.
What is Impleader?
A defendant may add another defendant to the lawsuit if they may be responsible for damages.
What are Cross Claims?
A defendant may sue another defendant for a claim arising out of the same transaction or occurrence.
