Joinder Of Claims And Parties Flashcards
What rule governs joinder of additional claims
Rule 18
Rule 18 requirements
A party may join as many claims as it has against a party so long as it has one viable claim. Need not be related, but must have subject matter jx
What rule governs counter and cross claims
Rule 13
Under Rule 13, claims are either
Compulsory or permissive
A compulsory counterclaim is one
That arises out of the same transaction or occurrence. Failure to bring it waives the claim forever and always
Cross claims are never [], but …
Compulsory
Arise from the same transaction or occurrence
What Rule governs basic jointer of parties?
20
Rule 20 allows jointer of parties
Where there is the same series of transactions AND same issue or question of law
The standard under rule 20 is broader and more narrow because
It allows a series of transactions as opposed to one but also requires the same issues of law
Impleader
Under Rule 14, the Defendant may join a non-party who is liable to it for all or part of the damages. Derivative liability
Derivative liability
Non-party liable to defendant. Always under Rule 14
While subject matter must be satisfied in impleader, it always will be because
The rule requires derivative liability, which necessitates it share a common nucleus of operative fact thus making supplemental jurisdiction available. As Defendant is acting as plaintiff, 1367(b) restrictions will not apply.
If a plaintiff wishes to assert a claim against a third party defendant, it must
Independently satisfy SMJ, as supplemental will not be available
Impleader will not be allowed where
Causes undue delay, complications, or prejudice
Joinder of necessary parties is governed by
Rule 19
What is a necessary party?
One that must be joined where feasible as complete relief cannot be accorded or their rights or interest would be impaired or impeded without them.
Steps of a Rule 19 Analysis
1) is the party necessary (cannot accord relief, interest impaired, inconsistent obligations)
2) is it feasible to join (will it destroy Jx)
3) if not feasible, must the suit be dismissed
Factors to consider when dismissing an action because a rule 19 party was not joined
1) extent of prejudice to parties
2) extent to which judgement can be crafted to avoid harm
3) Adequacy of judgement in their absence
4) remedy of the plaintiff if suit is dismissed
What type of party joinder is governed by Rule 24?
Intervention, which is either as right or permissive
Conferred by federal statute or claim an interest relating to the property or transaction, and disposing of action will impede interest
Intervention as right; court must allow
Have a conditional right or has a claim or defense shared with main action of a common question of law or fact
Permissive intervention
Intervention as of right may not be allowed if
The party is adequately represented in the action
The factors of timeliness under Rule 24 are
1) time intervenor knew or should have known of interest prior to seeking leave; 2) extent of prejudice to existing party’s by intervenor’s failure to apply; 3) prejudice suffered if denied
When someone holding property seeks to intervene in a suit to determine ownership, this is known as
Interpleader. Don’t confuse it with impleader
