Joinder of Claims/Parties

Question 1

Multiple P’s

P1, P2, P3 v D1

Answer 1

Rule 20: A person may 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 occurrence when the have a common question of law or fact that gave rise to all the plaintiffs actions against the defendant.

• “same transaction or occurrence” test
• Also, if one plaintiff and multiple defendant, rule still applies to the defendants

Question 2

D adds P’s not in action

Answer 2

Rule 13 (h) D counterclaims back and adds P2 not yet in lawsuit

• allows a lawsuit in progress to add additional plaintiffs or defendants not in the lawsuit when a counterclaim or cross suit is filed by either P or D.
• “same transaction or occurrence” AND has SMJ

Question 3

Must be joined

Answer 3

Rule 19  (this is a defense when D says not all parties are in the lawsuit)
 Motion 12 (b) (7) However, if court lacks PJ over the parties that need to be added, they can still keep or throw out the lawsuit.
          Test

• Must be feasible (can be done)i. PJ + SMJ
• Provide complete relief or
• Avoid prejudice

Question 4

Strangers

Answer 4

Rule 24 (Allows strangers to join lawsuit)
**Test**

• a. Interest (must be allowed by statute & Need not be economic interest)
• Impairment (Must show that their interest may be impaired or impeded)
• No one is representing their interest

Permissive – same transaction or occurrence and common question of law or fact
Power: P not afforded 1367(b); submits to PJ & venue

Question 5

Same asset

Answer 5

22: resolve conflicting claims against the same asset; complete diversity rules apply for SMJ; normal PJ & venue rules apply
typically used when P is citizen of one state and all claimants are citizens of a second state
§1335 Interpleader - used to resolve conflicting claims against the same asset; minimal diversity rules apply for SMJ; reach of process of service granting PJ is nationwide

Question 6

Claims

Answer 6

• Rule 8 (P –> D)
• Rule 18 (P —> D Add claims once its already been filed)

Question 7

Counter Claim

Answer 7

• 13 (a) Compulsory Counterclaim (P <– D) smj b/c same t/o=§ 1367
• 13 (b) Permissive Counerclaim (P <– D) SMJ must be established

Question 8

Cross Claim

Answer 8

13 (g): (P — D1 & D2) P can sue D2 since they are joined in lawsuit

Crossclaim against a coparty (SAME T/O)

Question 9

3rd Party Claims

Answer 9

P —> d the d sues D2 for contribution or indemity

Power: D afforded § 1367, P not afforded § 1367 (do pj and venue)

Subject to Bulge Rule