Joinder of Claims

Question 1

Cross-Claims

Answer 1

georgia courts treat cross-claims as compulsory

Question 2

Effect of possible elimination fo joint and several tort liability on cross and impleader claims

Answer 2

abolished when p partly resonsible, damages are apportioned based on share of fault. Therefore not necessary for d to file cross claim or third party to deal with contribution or share.

Question 3

Certifying a calss

Answer 3

• Numerosity: so numerous that joinder is impracticable
• Commonality: qustion of law & fact common to class
• Typicalyity: Class reps claim is typical to those of the class
• Adequate Representation: clas rep can adquate rep class interest

Question 4

Is action maintainable as a CA

Answer 4

• Risk of conflict results: subject party opposing the class to inconsistent obligations OR
• Party opposing the class has acted or refused to act: on grounds common to calss making–wide injunctive relief appropriate OR
• questions of law nad fact: predominate over issues affecing class members individiaully

Question 5

Who is bound by class judgment

Answer 5

all those that do not opt out

Question 6

interlocutory appeal