Joinder of Claims

Question 1

Rule 16: Multiple claims brought by 1 P and I D

Answer 1

P can bring all claims in 1 lawsuit, regardless of relatedness of claims
(not required to bring every claim but permitted to)
If related to claim in suit, must bring, or likely precluded

Question 2

Rule 13(a)(b) Counterclaims: how a sue party returns fire

Answer 2

permissive counterclaim & compulsory counterclaim

Question 3

Permissive counterclaim : Rule 13(a)

Answer 3

claim does not arise out of the same T/O underlying P’s claim against D and D may file a permissive counterclaim but not required to do so

Question 4

Compulsory Counterclaim: Rule 13(b)

Answer 4

Claim does arise out of same transaction or occurrence underlying P’s claim against D then D must file or forfeit

Question 5

Rule 13(g) Cross Claims: filed by party against co-party D1 v. D2

Answer 5

a) allowed only if arise from same T/O underlying one of P’s claims
b) Once a related cross is filed, this is the anchor claim. Can then file unrelated cross claims
c) Co-D can counterclaim the cross. Compulsory/permissive rules apply, does not have to be related.

Question 6

Rule 14: Impleader Claims D brings against person not already a party

Answer 6

a) Must allege 3rd party is responsible for some/all of liability
b) D has right to implead if within 14 days of serving an answer, otherwise needs permission from court
c) After impleaded, 3rd person made party may bring own claims against others and implead others. Original P can also file claim against 3rd party (impleaded D) if it relates to one of P’s original claims.