Joinder of Parties

Question 1

What is permissive joinder under Rule 20?

Answer 1

Multiple P’s can join 1 suit or multiple D’s can be sued in 1 suit, as long as:
1. the joined parties claim relief (if Ps) or face liability (if Ds) that arises out of the same transaction or occurrence, AND
2. There will arise questions of law/fact common to joined parties

Question 2

What are the three basic steps for determining mandatory joinder under Rule 19 (where they are forced to add a necessary party)?

Answer 2

1. Is the absent party necessary?
2. If missing party necessary, can she be joined?
3. If cannot be joined, are they indispensable?

Question 3

What makes someone a necessary party?

Answer 3

a. Has an interest that might be impaired if left out (suing for painting back, need guy w/ painting);
b. complete relief cannot be issued in the party’s absence; or
c. if current parties would be subject to inconsistent/duplicative liability

If the party is not necessary, no mandatory joinder

Question 4

When would a necessary party not be able to join?

Answer 4

Missing necessary party can’t be joined in federal court if
a. court lacks PJ over missing party, or
b. adding would destroy SMJ by destroying diversity

If either of these situations apply, move on to step 3 (ask whether they are indispensable)

Question 5

When would a necessary party be considered indispensable?

Answer 5

Court will consider:
1. extent of prejudice to missing party;
2. can prejudice be lessened by shaping
relief in a certain way; and
3. if case is dismissed, whether P can find relief in another forum

If yes, must dismiss suit; if no, court can adjudicate case in party’s absence

Question 6

Under Rule 23, when can one person litigate on behalf of a class?

Answer 6

One person (representative) can litigate on behalf of class if:
i) A class can be formed, and
ii) The action brought is proper for resolution via class action

Question 7

What are the four requirements that must be met to form a class action?

Answer 7

i) Numerosity: So many claimants that joinder is impractical
ii) Commonality: Questions of law or fact common to class
iii) Typicality: Claims are typical of class members ensuring the representative will have an incentive to litigate in ways to protect class
iv) Representativeness: Parties will fairly and adequately protect the interests of the class

Question 8

When would it be proper to have a resolution via class action?

Answer 8

i) Separate actions would create risk of inconsistent judgments or judgments would impair nonparties from protecting interests
ii) Opposing party has acted in ways generally applicable to the class (not likely to work if seeking $$)
iii) Court finds that common questions of law or fact predominate over individualized questions, and a class action is superior to other methods for fair/efficient result

Question 9

Must a court have personal jurisdiction over every party in the class action?

Answer 9

Court must have PJ over every D but only the named P

Question 10

Would a judgment be binding against all members of a class?

Answer 10

Judgment binds all class members unless they opt out

Question 11

Is complete diversity still required for class actions?

Answer 11

When alleging state law violation, class can appear in federal court only if Ds and representative Ps (not all members) are completely diverse

For example, if 100 members and seeks damages over $5M, diversity satisfied if any single member is diverse from any D

Question 12

What are interpleader claims under Rule 22?

Answer 12

A way for a holder of property to initiate a suit between two or more claimants to the property

Used when party fears it’ll face multiple/inconsistent liabilities (ex: spouses fighting over insurance
proceeds, insurance company files interpleader because if it pays 1, the other will sue)

Question 13

What is intervention under Rule 24?

Answer 13

When a non-party is interested, but has not been joined

Question 14

What are the two kinds of intervention?

Answer 14

1. intervention of right
2. permissive intervention

Question 15

What is the rule for intervention of right?

Answer 15

Party must be permitted to intervene upon timely application when:
1. Claims an interest relating to subject matter of the action, and
2) Without intervention, risk they might not be able to protect that interest

Question 16

What is permissive intervention?

Answer 16

Upon timely application and at court’s discretion, may intervene with a claim or defense that shares with the main action a common question of law or fact