Joinder of Claims and Parties

Question 1

Cross-Claims

Answer 1

Federal - permissive

Georgia - compulsory if they arise out of the same t/o.

Question 2

Class Action - similar to Federal Rule 23

Is Class certifiable?

Answer 2

1)Numerosity; 2) commonality; 3) typicality; and 4) adequately represents the class

Numerosity - class members are so numerous that joinder is impracticable.

Commonality - questions of law and fact common to class

Typicality - is the representative typical of the rest of the class

Adequately - class rep can adequately protect other class member’s interests

Question 3

Class Action - Is action maintainable as a class action?

3 typical snecarios

Answer 3

a) risk of conflicting results that subject the party opposing the class to inconsistent obligations;
b) the party opposing the class has acted or refuse to act on grounds common to the class making class-wide injunctive relief appropriate; or

c) question of law and fact common to the class predominate over questions affecting the individual 
(problems in damages case because damages similar for each class member)

Question 4

Who is bound by the class judgment?

Answer 4

all who decline to opt out

Question 5

Discretionary Interlocutory Appeal

Answer 5

Expressly permits