Joinder of Claims Flashcards
Can a plaintiff bring multiple claims?
Yes, under Rule 18, a plaintiff can (not required to) bring all claims in one lawsuit, regardless of the relatedness of the claims
Yet, if the second claim is related to the original claim in suit, P should bring it or else it is likely precluded
What are two types of counterclaims under Rule 13?
- permissive counterclaims
- compulsory counterclaims
What is a permissive counterclaim?
Claim does not arise out of the same transaction or occurrence underlying P’s claims against D
D may file a permissive counterclaim but is not required to do so
What is a compulsory counterclaim?
Claim does arise out of same transaction or occurrence underlying P’s claim against D
D must file the counterclaim or else they forfeit it
What is a cross claim?
Filed by a party against a co-party (so one defendant suing a co-defendant)
When are cross-claims allowed?
Allowed only if arise from same transaction or occurrence underlying one of P’s claims
Co-D can counterclaim the cross. Compulsory/permissive rules apply, does not have to be related
When could unrelated cross-claims be filed?
Once a related cross is filed, this is the anchor claim. Can then file unrelated cross-claims
What are impleader claims?
Under Rule 14, it is when a D brings a claim against a person not already a party (third party)
What is the rule for bringing an impleader claim?
Must allege 3rd party is responsible for some/all of liability within 14 days of serving answer (otherwise with court permission)
For example, claiming contribution against a joint tortfeasor, or indemnity against an insurer
How can the third party respond to an impleader claim?
After impleaded, 3rd person made party may bring own claims against others and implead others.
