Joinder of Parties

Question 1

Joinder of parties, types

Answer 1

FRCP 19 is required; FCRP 20 is permissive
a. compulsory joinder
b. permissive joinder
c. interpleader
d. class actions
e. class action fairness act

Question 2

Compulsory joinder

Answer 2

An indispensable party who is subject to service of process and whose joinder will not deprive the court of subject matter jurisdiction must be joined as a party if 1) court cannot grant complete relief to existing parties without that party, or 2) his interests may be impaired or impeded if the case proceeds without joining him

Question 3

Permissive joinder

Answer 3

Parties may join as plaintiffs or defendants only if 1) a claim is made by each Π and against each Δ relating to arising out of the same series of occurrences or tx + 2) question of fact or law common to all the parties
i. Impleader: Δ (3P Π) can bring in non-party (3P Δ) for liability on original claim→then crossclaim, etc.

Question 4

Interpleader

Answer 4

For person holding property (stakeholder) to join all potential claimants in one suit (e.g., life insurance)
i. Rule 22 interpleader: Requires proper FQJ, DJ (stakeholder v. each claimant), PJ over claimants, and venue
ii. Section 1335 interpleader: Requires only one claimant diverse from another, only $500 at issue

Question 5

Class actions

Answer 5

are proper if CANT P/ER/CQ: Commonality: Q of law or fact in common to class. Adequacy of representation: Class rep will fairly and adequately represent class (interests align). Numerosity: Too many class members for practicable joinder. Typicality: Representative’s claims/defenses typical of those of the class.
P/ER/CQ = Prejudice/equitable relief/common Q predominates

Class actions require personal jurisdiction over each of the Ds named in the action (no requirement for Ps)

Question 6

Prejudice (class actions)

Answer 6

Separate actions would create a risk of inconsistent results or impair interests of unnamed parties

Question 7

Equitable relief (class actions

Answer 7

Injunctive or declaratory relief is appropriate for the class as a whole

Question 8

Common Q predominates

Answer 8

Common Q of law or fact predominate over individual issues, and a class action is superior to alternative methods of adjudication. This requires notice to all members and option to opt out.

Question 9

Class action fairness act (“CAFA”)

Answer 9

SMJ is established if minimum diversity (any class member diverse from any Δ) + aggregate AIC > $5M + 100+ members in proposed class. Any Δ may remove case from state to fed ct.
i. EXCEPTIONS: No federal court jurisdiction under CAFA if primary Δs are states, state officials, gov’t
entities; or action relates to affairs of a corporation and is based on laws of state of incorporation; or action
solely relates to federal securities laws