Joinder of claims and parties

Question 1

What is the permissive joinder of parties

Answer 1

multiple P or def’s may be joined in one action if:

a. Joint and several relief are asserted by them or claim arise out of the same transaction or occurence.
b. common question of law or facts exists and
c. SMJ is present for each claim.

Question 2

what is the logical relationship test

Answer 2

all logically related events for a legal action are within the meaning of same transaction or occurrence

Question 3

When is joinder of parties required

Answer 3

A party is necessary and joinder is feasible. court must order that party to be joined.

Question 4

What is a necessary party

Answer 4

necessary party is:

a. court cant grant relief without the party
b. absent party claims an interest in the action that would be impaired or impeded.
c. party’s absence creates a substantial risk of multiple liability.

Question 5

what is feasibility

Answer 5

the joinder will not remove SMJ

the court has PJ over the party.

Question 6

Counterclaims

Answer 6

Fed law recognizes the following:

compulsory c/claim: - def must bring a c/claim if it arises out of the same transaction or occurrence or def loses the right to bring the claim. ( must be pleaded)

permissive c/claim any other claim may be asserted as long as it has federal jurisdiction.

Question 7

what is a cross-claim

Answer 7

Claim asserted by 1 party against a co-party must arise out of the same transaction or occurrence as the initial claim

Question 8

Intervention as of right

Answer 8

the movant may intervene as of right:

1. it has an interest related to the property/transaction that is the subject of the action
2. disposition without the movant may impair or impede the movant’s ability to protect its interest
3. its interest isn’t adequately represented by the existing parties.

the motion must be timely made.

Question 9

Permissive intervention

Answer 9

court may allow this if the party has a:

a. claim or defense that share a common question of law or fact with the main action.
b. conditional right to intervene by fed statute.

Question 10

Interpleader

Answer 10

This occurs when the holder of a property subject to a conflicting claim may file a lawsuit as a P and join all claimants to avoid possibility of double liability.

Question 11

P joining P’s

Answer 11

P may sue

Question 12

how to commence a third-party action

Answer 12

Def is a third-party P
must serve a summons and third party complaint upon the third party.

leave of the court is required if more than 14 days have passed since serving its answer.