Joinder of Claims and Parties

Question 1

What does Rule 18(a) govern/allow?

Answer 1

Allows a party asserting a claim, counterclaim, crossclaim, or third party claim to join as many claims as it has against an opposing party. Each claim must comply with SMJ requirements.

Question 2

What is a counterclaim?

Answer 2

A counterclaim is a claim by a party in a civil suit brought against a party that has already asserted a claim or claims against him.

Question 3

What is the two step analysis for counterclaims?

Answer 3

1. Can it be pled (compulsory or permissive)
2. Does it satisfy SMJ

Question 4

What does Rule 13(a) govern?

Answer 4

Compulsory counterclaims. Arise out of same transaction or occurrence. Compulsory means it is waived if not brought, and cannot be rbought in later suit, not that someone is forced to bring it.

Question 5

What 3 tests are employed in determining “same transaction or occurrence under Rule 13(a)?

Answer 5

1. Logical relationship
2. Same issues of law and fact
3. Substantially the same evidence

Question 6

What does Rule 13(b) govern?

Answer 6

Permissive counterclaims. Basically anything that isn’t compulsory is permissive.

Question 7

What type of SMJ will satisfy compulsory counterclaims? Permissive counterclaims?

Answer 7

Compulsory: original and supplemental
Permissive: only original, not supplemental

Question 8

What is a crossclaim?

Answer 8

A claim against a co-party.

Question 9

Whar does Rule 13(g) govern?

Answer 9

Crossclaims. Never compulsory, always permissive.

Question 10

What does Rule 20(a) govern?What are its 2 requirements?

Answer 10

Permissive party joinder. Requirements:
1. arising out of the same transaction, occurrence, or series of transactions or occurrences
2. Any question of law or fact common (at least one, not all)

Have to have personal jurisdiction analysis, but PJX can be waived.

Question 11

Court concerns when determining whether joinder under Rule 20(a) is appropriate:

Answer 11

1. Jury confusion
2. Efficiency of judicial resources

Question 12

What does Rule 21 govern?

Answer 12

severability

Question 13

What does Rule 42(a) govern?

Answer 13

Consolidation

Question 14

What does Rule 43(b) govern?

Answer 14

separate trials

Question 15

What does Rule 14(a)(1) cover?

Answer 15

Timing of summons/complaint for impleader. Within 14 days of filing answer or with leave of court.

Question 16

What type of liability is required for impleader?

Answer 16

Derivative liability

Question 17

What is derivative liability?

Answer 17

Derivative liability is the idea that the third-party defendant is potentially liable to the plaintiff for some or all of the damages owed by the DF/third-party plaintiff.

Question 18

What are two situations in which derivative liability could arise?

Answer 18

1. Because the third party plaintiff and third party defendant are joint tortfeasors
2. From some relationship between them that makes the third party defendant wholly or partially responsible for the third party plaintiff’s actions

Question 19

What is the two-step analysis for impleader?

Answer 19

1. Can you bring it (derivative liability)?
2. Can the court hear it? (SMJ)

Question 20

When should the court allow impleader?

Answer 20

Where leave of court must be obtained to file a third-party complaint, the court should allow impleader that will not unduly delay or otherwise prejudice the ongoing proceedings.

Question 21

What does Rule 14(a)(2) govern?

Answer 21

the requirements for a third-party defendant’s claims or defenses

Question 22

What does Rule 14(a)(3) govern?

Answer 22

Claims by the plaintiff against the third party defendant

Question 23

What does Rule 14(a)(4) govern?

Answer 23

In impleader actions, motions to strike, sever, or try separately

Question 24

What options does a court have in allowing impleader?

Answer 24

The court has the option of allowing the impleader, but separating the main suit and third party suit for trial

Question 25

What are two factors favoring allowing impleader?

Answer 25

1. Efficiency of hearing the related claims together
2. Avoiding repeated suits or inconsistent judgments

Question 26

What are three factors weighing against allowing impleader?

Answer 26

1. Undue delay by the defendant in seeking it
2. Complication of the issues in the main action
3. Potential prejudice to the plaintiff from impleading a sympathetic third party defendant

Question 27

What are the subject matter and personal jurisdiction requirements over impleader? What about venue?

Answer 27

There must be a basis for subject matter jurisdiction and personal jurisdiction over the impleader claim and party that won’t destroy the jurisdiction over the original claim. Venue is disregarded for third-party defendants.

Question 28

What does Rule 14(a)(5) govern?

Answer 28

Third party defendant’s ability to implead a fourth party defendant

Question 29

What does Rule 14(b) govern?

Answer 29

When a claim is against a plaintiff, the plaintiff can implead as a defendant would be able to do

Question 30

What does Rule 17(a) govern?

Answer 30

Real party in interest. Action must be brought in name of real party in interest.

Question 31

What is the jusification behind Rule 17(a): real party in interest?

Answer 31

Protects the defendant from subsequent duplicative litigation by the real party in interest. If the real party in interest were not named in the original action, then it would not be bound by the outcome and potentially could sue the defendant on its own.

Question 32

What does Rule 19(a)(1) govern?

Answer 32

Compulsory party joinder. Must be joined if won’t ruin SMJ, and (1) court cannot accord complete relief amond existing parties or (2) person claism interest relating to subject of action and in person’s absence would (a) impair or impede person’s ability to protect interest or (b) leave existing party subject to substantial risk of multiple or inconsistent obligations.

Question 33

What is meant by Rule 19(a)(1)’s requirement that disposing of the action may impair or impede the person’s ability to protect the interest?

Answer 33

It is not enough for a third party to have strong interest in the litigation that may be adversely affected by the outcome. These parties are those whose ability to protect their interests would be impaired because of that party’s absence from the litigation.

Question 34

What is meant by Rule 19(a)(1)’s requirement that disposing of the action may leave an existing party subject to a substantial risk of inconsistent obligations?

Answer 34

The question is whether a party will be subject to inconsistencies, not might be.

Question 35

What is governed by Rule 19(a)(2)?

Answer 35

If a required party isn’t joined, the court has to order them joined.

Question 36

What does Rule 19(a)(3) govern?

Answer 36

If joined party objects to venue and joining would make venue improper, the court must dismiss the party.

Question 37

What does Rule 19(a) seek to do?

Answer 37

Rule 19(a) seeks to protect litigants against specific potential harms, not against prejudice more generally.

Question 38

What does Rule 19(a)(1) not care about?

Answer 38

Rule 19(a)(1) does not care if further litigation is inevitable. It’s worried about the parties that are already there.

Question 39

What is the procedure for a challenge under Rule 19(a)?

Answer 39

The proper procedure for challenging a party’s failure to join a necessary party under Rule 19 is to:
1. Move the court to joint the party under Rule 19 OR
2. File a motion to discuss under Rule 12(b)(7) for failure to join a necessary party under Rule 19.

Question 40

What does Rule 19(b) govern?

Answer 40

When party joinder is not feasible. 4 factors Court must to determine if party is indispensable (suit cannot continue without its presence)

Question 41

What are two issues raised by compulsory party joinder?

Answer 41

1. Whether certain persons not joined as parties have sufficient interests in the suit that they must be joined
2. Whether, if they cannot be joined, the suit must be dismissed or can be allowed to proceed without them

Question 42

What is the three step analysis for compulsory party joinder?

Answer 42

1. Does the nonparty meet the standard of a “necessary” party under Rule 19(a)?
2. Is it feasible to join the nonparty? (Subject to service of process & will not destroy SMJ)
3. If it is not feasible to join the necessary party, is the party dispensible under Rule 19(b)?

Question 43

What is intervention?

Answer 43

Intervention is the interjection of oneself into an existing case.

Question 44

What rule governs intervention?

Answer 44

Rule 24

Question 45

What are the two types of intervention? Which one should be pursued if an option and why?

Answer 45

Intervention of right and permissive. Should pursue intervention of right because the court must allow it, whereas the court may allow permissive.

Question 46

What are the four factors of determining timeliness of intervention?

Answer 46

1. the length of time that the intervnor knew or reasonably should have known of its interest in the action before petitioning for leave to intervene
2. the extent of the prejudice that the existing parties to the litigation may suffer as a result of the would-be intervor’s failure to apply for intervention sooner
3. the extent of the prejudice that the would-be intervenor may suffer if its petition is denied
4. the existence of unusual circumstances militating either for or against a determination that the application is timely

Question 47

When is interpleader typically used?

Answer 47

Interpleader is typically used when someone who holds property seeks court intervention to determine the rightful owner

Question 48

What are the two types of interpleader?

Answer 48

Rule interpleader (Rule 22) and statutory interpleader (28 USC 1335)

Question 49

Why would someone ever try to use statutory interpleader over rule interpleader?

Answer 49

Because statutory requires only minimal diversity