Joinder of Parties and Claims

Question 1

When is joinder compulsory in Pennsylvania?

Answer 1

When they have either:

1. A joint interest; or
2. in personal injury cases, where both parties have claims that give rise to a cause of action

Question 2

When is joinder permissive in Pennsylvania?

Answer 2

When there are common questions of fact or law arising out of the same transaction or occurrence

Question 3

What device does Pennsylvania procedure have for impleader

Answer 3

“joinder of additional defendants”

Question 4

When is a petition to intervene permitted?

Answer 4

Any of:

1. The judgment entered will impose liability upon the movant;
2. The disposition would affect the movant adversely;
3. The movant could have joined or been joined in the action; or
4. The judgment may affect a legally enforceable interest of the movant.

Question 5

Do Pennsylvania’s interpleader rules differ from FRCP?

Answer 5

No

Question 6

Does Pennsylvania require that claims be related?

Answer 6

No

Question 7

Can class actions be brought by filing a praecipe for writ of summons?

Answer 7

No

Question 8

How do class actions differ from the federal procedure?

Answer 8

There is no superiority requirement; a class action must simply be a “fair and efficient adjudication” of the controversy

Question 9

What factors do Pennsylvania courts consider when certifying a class action?

Answer 9

1. Size of the class and management difficulties;
2. Predominance;
3. Appropriateness of the forum;
4. Risk of inconsistent results and sufficiency of damages in separate litigation;
5. Prior litigation;
6. Amount to be recovered in relation to effort and expense in administration; and
7. For equitable or declaratory relief, if such relief would be appropriate

Question 10

If a Pennsylvania court certifies a class, do plaintiffs have to opt-in?

Answer 10

No, a PA class cert order must state that all class members are included unless they opt out

Question 11

When does a court order plaintiffs to opt in?

Answer 11

If the court finds either:

1. Individual claims are substantial and the potential class members have sufficient resources, experience, and sophistication to conduct their own litigation; or
2. Other special circumstances

Question 12

Must notice be made to all class members?

Answer 12

Yes

Question 13

When must an action to join an additional defendant be filed?

Answer 13

No later than 60 days after service on the original defendant or the time for filing the joining party’s answer