Joinder of Claims

Question 1

Joinder of claims–permissive

Answer 1

Permissive joinder claims is when a party can join any and all claims, even if unrelated.

Question 2

counterclaims
who
when

Answer 2

counterclaims are brought by the defendant against a plaintiff and can be included in the Answer. The Plaintiff has 21 days to answer.

Question 3

Compulsory counterclaims

Answer 3

CC requires Defendant to join if the same t/o–must be brought or is waived.

Independent bases of SMJDX not required–supplemental jdx will extend to compulsory counterclaims in lawsuit if

(1) the claim arises from the same t/o AND
(2) claims raise at least one common question of fact or law

Question 4

Crossclaims

Answer 4

Crossclaims are permitted and allow one D to bring a crossclaim against another Defendant if the same t/o or involves same property. Supp jdx will extend.

Question 5

Joinder of parties–permissive

Answer 5

Permissive joinder of parties may be joined as party

Question 6

Compulsory joinder Step 1–Is Absent Party required?

RUDOLF HARMED IGLOOS–REINDEER GAMES

Answer 6

Persons required to be joined: (Think: Rudolf, Harmed, Igloos)

1) court cannot provide complete RELIEF without AP
2) APs interest may be HARMED if not joined OR
3) AP’s subject to INCONSISTANT Obligation

Question 7

Compulsory joinder Step 2–Is joinder feasible–must be joined?

Answer 7

1) REQUIRED PARTY
2) court has PJ over absent party
3) joining doesn’t doesn’t destroy diversity

Question 8

Compulsory joinder Step 3–If not feasible, court will assess:

Answer 8

1) if in EQUITY and GOOD CONSCIENCE the action should proceed OR
2) whether action SHOULD BE DISMISSED if party is INDISPENSABLE (look at extent of prejudice to AP or parities, if prejudice can be reduced/avoided adequacy of judgement, whether P has adequate remedy at law if dismissed.

Question 9

Impleader

Answer 9

impleader allows a defendant to implead a TPD (third party defendant) who is or may be liable for any party of Plaintiffs claim (joint tortfeasor/indemnity/contribution) if there is no SMJDX–Supplemental jdx ok. Venue need not be proper for TPD.

Question 10

Intervention As of Right

Answer 10

Third Party wants to join as Plaintiff or Defendant if interests affected. As of Right Triple I

1) you have an INTEREST
2) your interest risks practical IMPAIRMENT AND
3) current parties are INDADEQUATE to protect your interest.

Question 11

Permissive intervention

Answer 11

A permissive intervention is when the TPs claim/defense and the main action have ONE COMMON QUESTION of fact or law in the common and TPs involvement will NOT DELAY OR PREJUDICE THE CASE.

Question 12

Intervention and supplemental jdx

Answer 12

No supplemental jdx–can’t mess up complete diversity.

Question 13

Interpleader

Answer 13

One holding party (stakeholder) forces all potential claimants into 1 lawsuit to avoid multiple and inconsistent litigation.

Question 14

Rule Interpleader

Answer 14

stakeholder must be diverse from all claimaints

Question 15

Statutory Interpleader 5 things

Answer 15

1) One claimant must be diverse from another claimant and
2) Amount in controversy must be $500 or more.
3) Venue is where any claimant resides.
4) Process may be served anywhere in US.
5) Money in controversy must be deposited in court.

Question 16

Class Action

Answer 16

1) Named representative sues on behalf of a group.
2) Only look at representatives SMJ.
3) Amount in controversy is met if any named representatives claim exceeds $75K

Question 17

Required Every letter in CAN’T for a class action

Answer 17

Class shares

1) at least one COMMON question of law or fact
2) rep can ADEQUATELY represent the class
3) the class is so NUMEROUS that joinder is impracticable; AND
4) rep’s claims/defenses are typical of the class.

Question 18

Required one letter in RIP for class action

Answer 18

1) normal action RISKS harm to the class or defendant
2) class only seeks an INJUNCTION or declaratory relief.
3) COMMON question predominates and CA is simply superior.

Question 19

CAFA–5 things

Answer 19

1) Only applies to DJDX.
2) Minimal diversity; any class member diverse from any D.
3) Aggregate claims to exceed 5 mil.
4) At least 100 class members.
5) Any D may remove; no in state D rule.

Question 20

DISCOVERY: Scope: Anything proportional and relevant/reasonably calculated to lead to admiss evidence.

Answer 20

Anything proportional and relevant/reasonably calculated to lead to admiss evidence.

Question 21

DISCOVERY: Scope: Must not dig too DEEP.

Answer 21

1) Requests must not be unreasonably DUPLICATIVE.
2) There cannot be an EASIER way to get the info.
3) You must not have had ENOUGH opportunity to get the info already.
4) You cannot discover PRIVILGED info (or protected work product).

Question 22

ESI: discoverable if …

Responsible party has burden to prove

Answer 22

discoverable if it meets normal requirements and is reasonably accessible in terms of burden and cost. Resp pty has burden to prove inaccessibility, undue burden/cost to ct.

Question 23

ESI:

Answer 23

1) ESI discoverable if it meets normal requirements and is reasonably accessible in terms of burden and cost.
2) Resp pty has burden to prove inaccessibility, undue burden/cost to ct.

Question 24

Duty to Supplement:

Answer 24

Duty to Supplement: must always supp and amend disclosures that are later discovered to be inaccurate or incomplete.

Question 25

Scheduling Conference–timing

Answer 25

: usually w/in 90 days after D is served.

Question 26

Mandatory Planning Conference

Answer 26

Mandatory Planning Conf: parties must confer as soon as practicable at least 21 days before a scheduling conference.

Question 27

Discovery Plan

Answer 27

Discovery Plan: written report that must be filed w/in 14 days after the parties’ mandatory planning conference.

Question 28

Required Initial Disclosure
what
why
when

Answer 28

Required Initial Disclosures are req disclosures that you make with regards of request or other party’s failure.
B4 discovery, party must make a reasonable inquiry into facts of the case.
Must make disclosures w/in 14 days after the mandatory planning conference.

Question 29

Required Initial Disclosure

Substance = SLIC.

Answer 29

Substance = SLIC.

1) SUPPORTING: any discoverable docs used to supp claim,
2) LIKELY witnesses: names/contact info/subj might testify about of any1 you may call as a witness,
3) INSURANCE: ins. co. agreements who may be on the hook for damages,
4) COMPUTATION of each category of damages and evidence supporting those calculations.

Question 30

Types of requested disclosures: Daddies.

Answer 30

7. Types of requested disc:
   1) DEPEO: interview witnesses under oath b4 trial. Limit of 10 depos per side – 7 hours per deo. Must give ntc.
   2) ADIMISSIONS: seek admission or denial – no limit on # - if no answer w/in 30 days – deemed admitted.
   3) DOCS written demand req docs. Can be directed to pty or non-pty. No limit on number.
   4) INTEROGGOTORIES: written questions directed at opposing pty. Limited to 25.
   5) EXAMINATIONS: capacity in controversy. Ct order req with showing of good cause.
   6) SUBPOENEAS: non-parties must be subpoenaed for depos. 30 days to respond to Adm, Docs, Int.

Question 31

Limitations on Discovery: Atty-Client Privilege:

Answer 31

Limitations on Discovery: Atty-Client Privilege: conf comm b/w atty and client for purposes of securing legal advice – does not protect underlying facts – intended to be confidential.
Can be waived by client or if TP present.
Crime-fraud exception.

Question 32

Work-product Privilege

Answer 32

Work-product Privilege:
atty’s thoughts,
mental impress,
conc, opinions + legal theories – discoverable upon showing of substantial need and to avoid undue hardship.
Trial expert comm + reports + disc = protected.

Question 33

Motion for Protection Order

Answer 33

Motion for Protection Order : good cause – ct may issue order to protect from annoyance, embarrassment, oppression, or undue burden/expense.

Question 34

Motion to Compel:

Answer 34

Motion to Compel: on notice a party may move for an order compelling disclosure or discovery. meet + confer req.

Smurfs Attacked Elmo. Sanctions for:

1) failure to SUPPLEMENT– party cannot use info unless failure is justified or harmless.
2) failure to ADMIT– failing party can be req to pay reasonable expenses.
3) failure to take reasonable steps to preserve ELECTRONIC evidence.

Question 35

Motion to Compel: Sanctions for:

Smurfs Attacked Elmo.

Answer 35

Smurfs Attacked Elmo. Sanctions for:

1) failure to SUPPLEMENT– party cannot use info unless failure is justified or harmless.
2) failure to ADMIT– failing party can be req to pay reasonable expenses.
3) failure to take reasonable steps to preserve ELECTRONIC evidence.

Question 36

Enforcement: Partial failure

Answer 36

Enforcement:

1) Partial failure = motion to compel + costs.
2) Violation of order or total failure = costs, fees, disallow evidence, establish issue.

Question 37

Enforcement: Violation of order or total failure

Answer 37

2) Violation of order or total failure = costs, fees, disallow evidence, establish issue.