Joinder of Parties and Claims

Question 1

When is a party allowed to join as a plaintiff?

Answer 1

When their claim arises from the same T/O and they raise at least one common question. But - must have SMJD.

Question 2

When is a party allowed to join as a defendant?

Answer 2

When their claim arises from the same T/O and they raise at least one common question. But - must have SMJD.

Question 3

When is an absentee party a necessary party?

Answer 3

If one of the following is met:

1. P can’t get complete relief without A,
2. A’s own interests could be harmed if he’s not joined,
3. without A, D might be subject to multiple obligations

Question 4

Is a joint tortfeasor ever a necessary party?

Answer 4

No because P can get full satisfaction due to joint and severable liability, and D can seek contribution or indemnification.

Question 5

When is it not possible to join a necessary party?

Answer 5

1. When there is no PJ over A, or

2. When joining A would mess up diversity of citizenship in a case that is in federal court on diversity.

Question 6

If a necessary party cannot be joined, what are the court’s options?

Answer 6

A. Dismiss the case, or

B. Carry on without A.

Question 7

If the court dismisses a case because A cannot be joined, what is A called?

Answer 7

An indispensable party.

Question 8

What does the court consider in deciding whether to dismiss a case or allow it to carry on without a necessary party?

Answer 8

1. Whether there’s an alternative forum where the case could properly join all the necessary parties,
2. What the real likelihood of harm is to anyone if the case proceeds without A,
3. Whether the court can do something to shape it’s order that would avoid the harm to the party.

Question 9

What are the four types of claims a defendant can bring?

Answer 9

1. counterclaim
2. crossclaim
3. impleader
4. intervention

Question 10

What is a compulsory counterclaim?

Answer 10

A claim against an opposing party that arises from the same T/O as the plaintiff’s claim.

Question 11

If D’s motion to dismiss is granted, can he file a compulsory counterclaim he did not file in the original action?

Answer 11

No - a motion to dismiss is not a pleading - because he didn’t have to answer, he wasn’t required to bring the counterclaim.

Question 12

What is a permissive counterclaims?

Answer 12

A claim against an opposing party that can be brought in the pending action but could also be brought later in a separate action. It’s permissive if it does not arise from the same T/O as the underlying claim.

Question 13

What is a crossclaim?

Answer 13

A claim against a co-party. Only claims arising from the same T/O as the underlying claim are permitted as crossclaims.

Question 14

When is a crossclaim compulsory?

Answer 14

Never - crossclaims are never compulsory.

Question 15

What is impleader?

Answer 15

when D joins a third party as a TPD, because the TPD might be liable to D for P’s claims against D.

Question 16

How many days after serving the answer does D have to implead a TPD?

Answer 16

14 days, and after that - he must get the court’s permission.

Question 17

What is the procedure for impleader?

Answer 17

Serve process on TPD just like a defendant (court still needs PJ over the TPD).

Question 18

Once a TPD is joined, what are P’s and TPD’s rights against each other?

Answer 18

P can directly sue TPD if the claim arises from the same T/O as the underlying case.

TPD can sue P if the claim arises from the same T/O as the underlying case.

Question 19

What is intervention?

Answer 19

An absentee party who wants to join the suit can if the claim arises from the same T/O as the underlying claim and he has one common question.

Question 20

What is the time limitation on intervention?

Answer 20

The intervener must do so “timely.”

Question 21

When does A have a right to intervene?

Answer 21

If A’s interests may be harmed if she does not join, and A is not already adequately represented in the case.

Question 22

When may A intervene?

Answer 22

If A’s claim/defense and the pending case have at least one common question and arise from the same T/O. But - this is completely discretionary.

Question 23

What is interpleader?

Answer 23

In a multiparty joinder situation, where a stakeholder has property or money and wants to force all potential claimants to bring suit in one action. This is allowed when D is seeking to avoid multiple suits and there is a threat of inconsistent results.

Question 24

What are the two types of interpleader available?

Answer 24

Rule and Statutory

Question 25

What is the AIC requirement for rule and statutory interpleader?

Answer 25

Rule: >$75,000
Statutory: ≥ $500

Question 26

What are the service of process requirements for rule and statutory interpleader?

Answer 26

Rule: regular service of process rules
Statutory: nationwide service of process is ok

Question 27

What are the venue requirements for rule and statutory interpleader?

Answer 27

Rule: regular venue requirements
Statutory: any district where any claimant resides

Question 28

What are the four requirements for any class action suit?

Answer 28

1. Numerosity (too many P’s to be practical as joinder)
2. Commonality (all have common question of law/fact)
3. Typicality (rep. is typical of the group)
4. Adequacy (rep. represents the class fairly and adequately)

Question 29

What are the three types of class actions?

Answer 29

1. Prejudice: class treatment is necessary to avoid harms to class members or parties opposing the class.
2. Injunction/Declaratory Judgment: class members were treated alike by the other party.
3. Damages: class members’ common question predominates over individual questions, and the class action is a superior method for resolving the dispute.

Question 30

What does a judge decide in a proposed class action case before the case may proceed as a class action?

Answer 30

1. The judge must decide what type of class to certify

2. The judge appoints class counsel

Question 31

Which type of class action is the only type where notice and the option to opt-out is required?

Answer 31

Type 3: the damages class, where class members have a predominating common question and class action is the best way to litigate the claims.

Question 32

What must notice to type 3 classes (individuals) entail?

Answer 32

1. telling class members they can opt-out,
2. that if they don’t opt out, they’ll be bound by the judgment, and
3. they have a right to bring their own case.

Question 33

Is there a right to opt out in prejudice or injunctive/declaratory judgment class actions?

Answer 33

No

Question 34

What is required before a class action can be settled or dismissed?

Answer 34

Court approval of the settlement or dismissal. And in a type 3 class action, class members may be given a second chance to opt out.

Question 35

How is subject matter jurisdiction based on diversity of citizenship decided in a class action case?

Answer 35

Use the complete diversity rule as if the representative is the only plaintiff. Same goes for AIC - if the rep’s claim is > $75,000, the requirement is met. No aggregating class claims.

Question 36

What are the basic accomplishments of the Class Action Fairness Act?

Answer 36

Allows a federal court to hear large, interstate class action because of relaxed diversity rules. 
Can hear if at least 100 members and any one plaintiff is diverse from any one defendant - and the aggregate AIC > $5 million.