Joinder of Claims and Parties Flashcards
Chapter 8
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What is joinder?
Procedures that allow multiple claims and parties to be combined into one lawsuit
What two categories do joinder rules fall into?
- Permissive Rules: which give the litigant the option of joining parties and claims in a single lawsuit
- Mandatory Rules: which require a litigant to do so
What is Real Party in Interest?
FRCP 17
Actions that must be prosecuted in the name of the real party in interest.
This is to foreclose duplicative lawsuits, to assert all defenses in one action, and to avoid prejudice
What two concepts are relevant to determine who may sue or be sued?
- Capacity: the ability of a party to enforce rights or to be sued by others which are designed to protect a party by ensuring the party’s interests are adequately represented
- Standing: a constitutional requirement under Article III of the United States Constitution for actions in federal court focuses on who may invoke the power of the Court to redress injury
What is Permissive Joinder of Claims by Plaintiffs under Federal Rule 18?
FRCP 18
In general, a party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party
What are counterclaims?
This allows a defendant to reduce the plaintiff’s recovery in certain facts that might show an independent action against the plaintiff.
Claims did not have to be similar but had to involve the same “subject matter” or arise out of the “same transaction”
What is a compulsory counterclaim?
FRCP 13(a)
Pleading must state as a compulsory counterclaim any claim that at the time of service the pleader has against an opposing party that arises out of the same transaction or occurrence that is subject to the plaintiff’s claim
What is permissive counterclaim?
FRCP 13(b)
A pleading may state as a counterclaim against an opposing party any claim that is not compulsory
What are the different tests to determine whether a claim arises out of the same “transaction or occurrence”?
- Are the issues of fact and law raised by the claim and counterclaim largely the same?
- Would res judicata bar a subsequent suit on the defendant’s claim absent the compulsory counterclaim rule?
- Will substantially the same evidence support or refute plaintiff’s claim as well as defendant’s counterclaim?
- Is there any logical relation between the claim and counterclaim?
According to the appellate courts, when is a claim compulsory?
A counterclaim is compulsory if it has a “logical relationship” to an opposing parties claim.
Counterclaim is related if separate trials would involve substantial duplication of effort and time by the parties and courts.
What is supplemental jurisdiction?
28 U.S.C. § 1367
Some circuits hold that supplemental jurisdiction may be exercised over any counterclaim, whether permissive or compulsory, that is so logically related to the claim over which original jurisdiction exists as to form one controversy or case
What are the consequences of failing to plead a counterclaim?
Unasserted compulsory counterclaims cannot be raised in a subsequent suit in federal court
What is a Crossclaim against a coparty?
FRCP 13(g)
Pleading may state as a crossclaim any claim by one party against a co-party if the claim arises out the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action
What is Permissive Joinder of Parties (Persons who may join or be joined)?
FRCP 20(a)
Persons nay join in one action as plaintiffs if:
1. they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; or
2. any question of law or fact common to all plaintiffs will arise in the action
What are the protective measures of Permissive Joinder of Parties?
FRCP 20(b)
The court may issue orders-including an order for separate trials-to protect a party against embarassment, delay, expense, or other prejudice that arises from including a person against who the party asserts no claim and who asserts no claim against the party