Joinder of Claims

Question 1

What does joinder of claims cover?

Answer 1

• multiple claims from a single P against a single D
• Counterclaim
• Cross-claim
• impleader claims

Question 2

How are multiple claims by a single P against a single D treated?

Answer 2

Rule 18

• P is free to bring all the claims @ once regardless if they are related
• not required to bring all @ once
  
  • HOWEVER - the law of preclusion requires that you bring all other claims that are related to

Question 3

What is a counterclaim?

Answer 3

Rule 13(a), (b)

• the way a pty being sued can fire back
• Two types:
  
  • Permissive - 13(b)
    
    • a claim that D may file but not required to file
    • do not relate to the ToO underlying P’s claim against D
  • Complulsory
    
    • a claim that D must file in response to a complaint
    • it arises out of the same ToO as any of P’s claims
    • if D does not bring it, it is forfeitted under the law of joinder
• Multiple counterclaims
  
  • may bring them altogether regardless of whethr they are related

Question 4

What is a cross claim?

Answer 4

Rule 13(g)

• a claim filed by a pty against a co-pty
• must arise out of the same ToO as P’s underlying claim(s)
• once an initial cross claim is filed, any additionally claims may be joined regardless if they arise out of the same ToO

Question 5

What are impleader claims?

Answer 5

Rule 14

• ask someone else to join the lawsuit
• a claim brought by someone defending a claim bringing someone into the lawsuit
  
  • Classic types:
    
    • contribution claims - claims against a joint tortfeasor
    • indemnity claims - claims against an insurer
• Timing:
  
  • D has 14 days from serving an answer to implead a 3rd pty
  • After 14 days, have to get permission from the ct
• Subsequent claims
  
  • after D has impleaded a 3rd pty, P may file a claim against the impleader provided the claim relates back to one of P’s original claims