Joinder of Claims and Parties Flashcards
Joinder of Claims
- Multiple Claims brought by one plaintiff and one defendant (Rule 18):
- The plaintiff can bring all claims in one lawsuit, regardless of relatedness of claims.
- Not required to bring every claim but permitted to.
- If a claim is related to a claim in the suit, the plaintiff must bring the claim, or it is likely precluded.
Counterclaims (Rule 13(a), (b))
How a sued party returns fire
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.
Compulsory Counterclaim
- Claim does arise out of the same transaction or occurrence underlying P’s claim against D.
- D must file or forfeit the claim in future litigation.
Cross-Claims (Rule 13(g))
- Filed by a party against a co-party.
- Allowed only if it arises from the same transaction or occurrence underlying one of the plaintiff’s claims.
- Once a related cross is filed, Rule 18 kicks in and you can then file unrelated cross-claims.
- A co-defendant can counterclaim the cross. Compulsory/permissive rules apply; it does not have to be related.
Impleader Claims
- A defendant brings a claim against a person not already a party
- Must allege that the third party is responsible for some/all of the liability.
- A defendant has the right to implead if they do so within 14 days of serving an answer, otherwise they need permission from the court.
- After being impleaded, the third person made party may bring their own claims against others and implead others. The original plaintiff can also file a claim against the third party (impleaded defendant) if it relates to one of the plaintiff’s original claims.
Permissive Joinder (Rule 20):
- Multiple plaintiffs can join one suit or multiple defendants can be sued in one suit, as long as:
- Joined parties claim relief (if plaintiffs) or face liability (if defendants) that arises out of the same transaction or occurrence; and
- There will arise in the action questions of law/fact common to joined parties.
Mandatory Joinder (Rule 19)
Could be forced to add a party to the suit.
Mandatory Joinder (Step1)
Step 1: Is the absent party necessary?
- Necessary party = Has an interest that might be impaired if left out (suing for painting back, need the guy w/ the painting); 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.
Mandatory Joinder (Step2)
Step 2: If a missing party is necessary, can the party be joined?
- 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.
Mandatory Joinder (Step3)
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 (Rule 23)
One person (the representative) can litigate on behalf of a group (class) if:
- A class can be formed, and
- The action brought is proper for resolution via class action.
To form a class action, 4 requirements must be met:
- Numerosity: So many claimants that joinder is impractical;
- Commonality: Questions of law or fact common to the class;
- Typicality: 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.
Proper for resolution via class action if:
Separate actions would create a risk of inconsistent judgments or judgments would impair nonparties from protecting their interests.
Additional Considerations
for a Class Action
- Court must have PJ over every defendant and over the named plaintiff.
- 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.
- SMJ: When alleging a state law violation, the class can appear in federal court only if the defendants and representative plaintiffs (not all members) are completely diverse.
- If the class has 100 members and seeks damages over $5M, diversity is satisfied if any single member is diverse from any defendant (Class Action Fairness Act – CAFA).
- Jurisdiction can be established through an initial filing in federal court or through removal. Moreover, unlike ordinary removal rules, if the class has 100 members and seeks damages over
Interpleader Claims
- Have the other 2 guys sue each other.
- Used when a party fears it will face multiple/inconsistent liabilities.
Intervention (Rule 24)
Non-party is interested, but has not been joined.
Intervention of right:
A party must be permitted to intervene upon timely application when:
- The party claims an interest relating to the subject matter of the action, and
- 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.
Relationship Between Joinder and SMJ, PJ, and Venue (SMJ)
Necessary for every claim, whether it be a counterclaim, cross-claim, impleader claim, or any other claim in a lawsuit.
Relationship Between Joinder and SMJ, PJ, and Venue (PJ)
Necessary for every party. (Remember, in class actions, class members are not “parties” for the purposes of personal jurisdiction; only the lead plaintiffs are parties.) Thus, if a plaintiff sues multiple defendants, or a defendant impleads a third party, the court must ascertain whether each and every party before it is subject to the power of the court.
Relationship Between Joinder and SMJ, PJ, and Venue (Bulge Rule)
An impleaded defendant will be subject to the personal jurisdiction of a federal court if, in addition to any other ground for personal jurisdiction, the impleaded defendant is served with process within 100 miles of the courthouse where the suit is pending.
Relationship Between Joinder and SMJ, PJ, and Venue (Venue)
Unlike SMJ and PJ, the law of venue need only be consulted when the lawsuit is filed. If claims are joined after the initial filing, those claims generally may not be challenged for being brought in an improper venue. (One exception is Rule 19 where if the joined party objects to venue and adding the party makes venue improper, the court must dismiss the joined party.)
