Joinder of Parties

Question 1

Compulsory Joinder (Required Joinder of Parties)

Answer 1

Joinder is required for any person who has a material interest in the case and whose absence would result in substantial prejudice.

Question 2

ESSAY TIP

Answer 2

ESSAY TIP: In order to properly attack a joinder question, follow this approach:

1) Determine whether the person to be joined is a necessary party
2) If the person to be joined is a necessary party, determine whether it is feasible to join that person. It is feasible if that person does NOT destroy diversity and is subject to personal jurisdiction. In such case, the person must be joined.
3) But if it is NOT feasible to join the person, determine whether the action can proceed in the party’s absence or whether the case should be dismissed. In other words, determine whether the person is indispensable. If the person is indispensable, the case must be dismissed and refiled in state court.

Question 3

Compulsory Joinder (Required Joinder of Parties) - Necessary Party

Answer 3

A person is a necessary party and should be joined if 1) the court cannot accord complete relief among the existing parties in that person’s absence 2) that person claims an interest in the subject matter where a decision by the court will impair that person’s ability to protect her interests OR 3) the party’s absence would leave an existing party subject to risk of incurring multiple or inconsistent obligations. Furthermore, a joint tortfeasor is NOT a person needed for just adjudication.

Question 4

Compulsory Joinder (Required Joinder of Parties) - Feasible

Answer 4

If the person to be joined is a necessary party, the person must be joined if she does not destroy diversity and is subject to personal jurisdiction.

Question 5

Compulsory Joinder (Required Joinder of Parties) - Indispensable

Answer 5

When joinder is not feasible (because the person would destroy diversity), the court must determine whether, in equity and good conscience, the action should proceed or be dismissed.

1) The factors for the court to consider include: 1) the extent of prejudice of all involved 2) the manner in which the court can fashion a remedy to reduce or avoid any prejudice 3) the adequacy of a remedy that can be granted in the party’s absence AND 4) whether the plaintiff will have another forum available if the action is dismissed
1) If the court decides that the party is indispensable, it must dismiss the case.

Question 6

Joinder of Claims

Answer 6

A party may join as many claims as it has against an opposing party. It is easier to join claims than it is to join parties. The reason is the litigants are already before the court and joining claims saves the parties the hassle of multiple lawsuits. The court will try and settle as many legal issues between the parties at one time as possible. Thus, the rules on joining claims are very liberal.