Joinder of claims and parties Flashcards
Joinder of claims
- multiple claims by one P against one D
- Counterclaims
- Cross-claims
- Impleader claims
Multiple claims
brought by 1 P against 1 D
-P can bring as many claims against D, regardless of relatedness of claims
*If a claim is related to a claim in the suit, the plaintiff must bring the claim, or it is likely precluded.
Counterclaims
how a sued party returns fire
two kinds:
1. permissive counterclaim
2. compulsory counterclaim
*All claims have to have independent basis of subject matter jurisdiction
permissive counterclaim
Claim does not arise out of the same transaction or occurrence underlying P’s claims against D.
-D may file a permissive counterclaim but is not required to do so.
*since does not arise out of same transaction as anchor claim, needs to have its own basis for subject-matter jurisdiction.
compulsory counterclaim
Claim does arise out of same transaction or occurrence underlying P’s claim against D.
-D must file or forfeit the claim in future litigation.
*will have supplemental jurisdiction since arises out of same t/o as anchor claim.
Cross-claims
Filed by a party against a co-party (D1 v. D2) *across the same side of the v.
-Allowed only if it arises from the same transaction or occurrence underlying one of the plaintiff’s claims.
-Once a related cross is filed, this is the anchor claim. can then file unrelated cross-claims.
-A co-D can counterclaim the cross-claim. Compulsory/permissive rules apply; it does not have to be related.
Impleader
D brings a claim against a person not already a party
-Must allege that the third party is responsible for some/all of the liability.
–Ex: contribution (claim against joint tortfeasor), indemnity (claim against insurer).
-D has right to implead within **14 days of serving an answer, or otherwise getting permission from the court.
-After being impleaded, the third person made a party may bring their own claims against others and implead others.
–The original P can also file a claim against the third party (impleaded defendant) if it relates to one of the P’s original claims.
Joinder of parties
- permissive joinder
- mandatory joinder
- class actions
- Interpleader
- Intervention
permissive joinder
P may join multiple Ps or multiple Ds in one suit, as long as:
1. Joined parties claim relief (if Ps) or face liability (if Ds) that arises out of the same transaction or occurrence; and
2. there will be questions of law or fact relevant to both of their claims
mandatory joinder
Could be forced to add a party to the suit. 3 steps:
Step 1: Is the absent party necessary?
-Necessary party = Has an interest that might be impaired if left out; complete relief cannot be issued in the party’s absence; or if current parties would be subject to inconsistent/duplicative liability.
–If a party is not necessary, there is no mandatory joinder.
–As a rule, joint tortfeasors are not necessary parties.
step 2: If a missing party is necessary, can the party be joined in federal court?
–If Yes - Court should just join them, adjudicate case, skip Step 3.
–If No - Proceed to Step 3.
*A missing party can’t be joined in federal court if the court lacks PJ over the missing party, or adding the party would destroy SMJ by destroying diversity.
step 3: If a party cannot be joined, are they indispensable?
-The court will consider:
The extent of prejudice to the missing party;
whether the prejudice can be lessened by shaping the relief in a certain way; and
if the case is dismissed, whether the plaintiff can find relief in another forum.
–If Yes – must dismiss the suit.
–If No – court can adjudicate the case in the party’s absence.
Class Actions
One person (the representative) can litigate on behalf of a group (class) if:
(1) A class can be formed, and
(2) The action brought is proper for resolution via class action.
-Court must have PJ over every D and over the named P.
-SMJ: When alleging a state law violation, the class can appear in federal court only if the Ds and representative Ps (not all members) are completely diverse.
-Judgment binds all class members unless they opt out.
-Notice: In common-question class actions, class members must be given notice of the pendency of the suit, usually through mail or publication.
- a settlement of a class action be approved by the court.
how to form class actions
To form a class, 4 requirements must be met:*
- Numerosity: So many claimants that joinder is impractical;
- Commonality: Questions of law or fact common to the class;
- Typicality: Representative’s claims are typical of class members, ensuring the representative will have an incentive to litigate in ways to protect the class; and
- Representativeness: Representative parties will fairly and adequately protect the interests of the class.
resolution of class action proper if
- Separate actions would create a risk of inconsistent judgments or judgments would impair nonparties from protecting their interests.
- The opposing party has acted in ways generally applicable to the class (not likely to work if seeking $$).
- The court finds that common questions of law or fact predominate over individualized questions, and a class action is superior to other methods for a fair/efficient result.
Interpleader
allows a property holder to initiate a suit to compel multipple claimants to that property to litigate the dispute.
intervention
Non-party is interested, but has not been joined.
Intervention of right: A party must be permitted to intervene upon timely application when:
(1) The party claims an interest relating to the subject matter of the action, and
(2) Without intervention, there is a risk that they might not be able to protect that interest.
Permissive intervention: Upon timely application and at the court’s discretion, a party may intervene with a claim or defense that shares with the main action a common question of law or fact as long as you do not ruin jurisdiction
