joinder of parties

Question 1

permissive joinder

Answer 1

any P or D MAY join if

same transaction or occurrence + common Q of law or fact

Question 2

to permit joinder, must the additional D satisfy SMJ?

Answer 2

yes

Question 3

what can the court do if P seeks to join a new D after removal to try to destroy diversity?

Answer 3

discretion to deny joinder and proceed in fed court OR

permit joinder and remand

Question 4

intervention

Answer 4

outsider voluntarily entering the suit

Question 5

when is intervention as of right

Answer 5

impaired interest

Question 6

permissive intervention

Answer 6

common Q of law or fact

requires court permission

Question 7

compulsory counterclaim

Answer 7

same transaction or occurrence

bring it or waive it

supple J

Question 8

permissive counterclaim

Answer 8

need fed Q or diversity

Question 9

cross claim

Answer 9

same transaction or occurrence

suppl J

Question 10

impleader definition

Answer 10

D bringing in a party who is likely to also be liable

Question 11

when does indemnification pop up

Answer 11

indemnification k

joint tortfeasors

Question 12

impleader requirements

Answer 12

need PJ + SMJ over the new guy

Question 13

impleader PJ

Answer 13

use VA long arm statute

Question 14

how do you effect impleader?

Answer 14

D serves TP D summons and TP complaint

neec court permission if filed >14 days after answer

Question 15

can the new TP sue D or P?

Answer 15

yes through counterclaims

Question 16

when must cross claims be answered

Answer 16

w/n 21 days of service