Joinder - Part 2 Flashcards
Intervention - Overview
- nonparty absentee uses intervention to bring herself into the case (either as a pl or def)
-> ct can realign if thinks on wrong side - application to intervene must be “timely”
- intervention can be “of right” or “permissive”
Intervention of Right
- if absentee’s interest may be harmed if she isn’t joined, + that interest isn’t adequately represented by the current parties, intervention is “of right”
- basically same test as one of the tests for necessary parties
Permissive Intervention
- if absentee’s claim or defense + the pending case have at least one common q of law or fact, intervention = permissive + discretionary with court
- usually allowed unless would cause delay or prejudice to someone
Intervention - SMJ
- MAKE SURE TO ASSESS FOR EACH CLAIM
Interpleader - Overview
- applies if separate transactions might result in double liability against a stakeholder
- permits a person/stakeholder to require two or more adverse claimants to the stake to litigate among themselves to determine which, if any, has valid claim to it
Rule 22 Interpleader
- requires 1) complete diversity between stakeholder + all adverse claimants + in excess of $75,000 in issue OR 2) fed q claim
- normal service + venue rules apply
Statutory Interpleader
- the second kind of interpleader procedure allowed in fed ct
- requires only diversity between any two contending claimants + $500 in issue
- service can be nationwide
- venue proper where any claimant resides
Interpleader - Jurisdiction
- if stakeholder makes no claim to the skae + claimants are all from same statute, stat interpleader wouldn’t be available even if stakeholder + claimants are from different states
- but if stakeholder IS interested, stat inerpleader would potentially be available
Class Actions - Initial Requirements
- numerosity
- commonality
- typicality
- representative adequate
Class Actions - - Numerosity
- means there are too many class members for practicable joinder
Class Actions - Commonality
- must be some issue in common to all class members, so resolution of that issue will generate answers for everybody in one stroke
Class Actions - Typicality
- class rep’s claims are typical of the claims of the class
Class Actions - Representative Adequate
- class rep will fairly + adequately represent the class
Types of Class Actions
- Type 1 - “Prejudice”
- Type 2 - “Injunctive or Declaratory Relief
- Type 3 - “Common Question” or “Damages”
Class Action - Type 1
- class treatment is necessary to avoid harm (prejudice) either to class members or to the non-class party
- rare
Class Actions - Type 2
- seeks an injunction or declaratory judgment b/c def treated the class members alike
- pls generally can’t seek damages
Class Actions - Type 3
1) common q’s must predominate over individual q’s AND
2) class action must be a superior method to handle the dispute
- frequently used for mass torts
Class Actions - Certification
- case is not a class action until court grants motion to certify it as such
Must:
- define the class and the class claims, issues or defenses AND
- appoint class counsel, who must fairly and adequately represent the interests of the class
- losing party can seek review from court of appeals
Class Actions - Notice to Class
- in a Type 3 class action, court must notify class members that they are in a class
-> means individual notice (usually by mail) to all reasonably identifiable members - NOT required for Type 1 or Type 2
Class Actions -Notice Requirements
- notice is paid for by the rep
Must tell class members various things, including that they:
- can opt out
- will be bound by the judgment if they don’t opt out AND
- can enter a separate appearance through counsel
Class Actions - Opt Out
- NO right to opt out for Type 1 or Type 2
- all class members are bound by judgment unless, in a Type 3, they opt out
Settlement of Class Action
- parties can settle or dismiss a certified class action only w/ court approval
- in all three types, court must give notice to the class members to get their feedback on whether the case should be settled or dismissed
- if it’s a Type 3 class, court also might refuse to approve the settlement unless members are given a second chance to opt out
Class Actions - SMJ
- if the class action asserts rights under fed law, can use fed q jur
- for div jur, only the citizenship of the class rep is considered, + her claim must exceed $75,000
-> claims of other class members are ignored - means that as long as the class rep’s claims meet the reqs of diversity, the class action may use diversity
Class Action Fairness Act
- CAFA
- grants SMJ separate from div jur
Lets fed ct hear class action if:
- there are at least 100 members
- any class member, not just the rep, is of diverse citizenship from any defendant AND
- the aggregated claims of the class exceed $5 million
- any one def, even in-state, may remove the case from state to fed ct
CAFA - Local Actions
- there are complicated provisions to ensure that local classes (where most members + primary defs = citizens of the same state) don’t stay in fed ct
-> these cases get dismissed or remanded to state ct
