Joinder of Claims Flashcards
When is Permissive Joinder allowed?
Multiple P’s can join 1 suit or multiple D’s can be sued in 1 suit as long as:
a) Joined parties claim relief (if Ps) or face liability (if Ds) that arises out of the same transaction or occurrence; AND
b) There will arise questions of law/fact common to joined parties.
Analyzing whether Joinder is mandatory (R19)?
Step 1: Is the absent party NECESSARY? (If party is not necessary, no mandatory joinder)
Step 2: IF missing party is necessary, CAN she be joined? (If yes, court should join them and adjudicate case. If no, proceed to Step 3)
Step 3: If missing party cannot be joined, are they INDISPENSABLE?
When is an absent party NECESSARY for purposes of mandatory joinder?
+ A party has an interest that might be impaired if left out (suing for painting back, need guy with painting);
+ Complete relief cannot be issued in the party’s absence; OR
+ if current parties would be subject to inconsistent/duplicative liability.
When can a party NOT be joined for purposes of mandatory joinder?
Missing party can’t be joined in federal court if court lacks PJ over missing party, or adding would destroy SMJ by destroying diversity.
Factors for determining whether a party is indispensable for the purpose of mandatory joinder
Court will consider:
+ extent of prejudice to missing party;
+ can prejudice be lessened by shaping relief in a certain way; AND
+ if case is dismissed, whether P can find relief in another forum.
When can one person (representative) litigate on behalf of a class?
One person (representative) can litigate on behalf of class if:
1) A class can be formed; AND
2) The action brought is proper for resolution via class action.
Requirements to form a class
4 requirements must be met to form a class:
1) NUMEROSITY - so many claimants that joinder is impractical
2) COMMONALITY - Questions of law or fact common to class
3) TYPICALITY - Claims are typical of class members ensuring the representative will have an incentive to litigate in ways to protect class.
4) REPRESENTATIVENESS - Parties will fairly and adequately protect the interests of the class.
When is an issue proper for resolution via class action?
If:
1) Separate actions would create risk of inconsistent judgments or judgments would impair nonparties from protecting interests.
2) Opposing party has acted in ways generally applicable to the class (not likely to work if seeking $$).
3) Court finds that common questions of law or fact predominate over individualized questions, and a class action is superior to other methods for fair/efficient result.
Personal Jurisdiction in a class action
Court must have PJ over every D but only the named P.
Is a class action judgment binding on the class members?
Yes, unless they opt out.
Diversity jurisdiction in a class action
When alleging state law violation, class can appear in federal court only if Ds and representative Ps (not all members) are completely diverse.
If 100 members and seeking damages over $5M, diversity is satisfied if any single member is diverse from any D.
