Joinder - Part 2

Question 1

Intervention - Overview

Answer 1

• 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”

Question 2

Intervention of Right

Answer 2

• 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

Question 3

Permissive Intervention

Answer 3

• 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

Question 4

Intervention - SMJ

Answer 4

• MAKE SURE TO ASSESS FOR EACH CLAIM

Question 5

Interpleader - Overview

Answer 5

• 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

Question 6

Rule 22 Interpleader

Answer 6

• 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

Question 7

Statutory Interpleader

Answer 7

• 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

Question 8

Interpleader - Jurisdiction

Answer 8

• 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

Question 9

Class Actions - Initial Requirements

Answer 9

• numerosity
• commonality
• typicality
• representative adequate

Question 10

Class Actions - - Numerosity

Answer 10

• means there are too many class members for practicable joinder

Question 11

Class Actions - Commonality

Answer 11

• must be some issue in common to all class members, so resolution of that issue will generate answers for everybody in one stroke

Question 12

Class Actions - Typicality

Answer 12

• class rep’s claims are typical of the claims of the class

Question 13

Class Actions - Representative Adequate

Answer 13

• class rep will fairly + adequately represent the class

Question 14

Types of Class Actions

Answer 14

• Type 1 - “Prejudice”
• Type 2 - “Injunctive or Declaratory Relief
• Type 3 - “Common Question” or “Damages”

Question 15

Class Action - Type 1

Answer 15

• class treatment is necessary to avoid harm (prejudice) either to class members or to the non-class party
• rare

Question 16

Class Actions - Type 2

Answer 16

• seeks an injunction or declaratory judgment b/c def treated the class members alike
• pls generally can’t seek damages

Question 17

Class Actions - Type 3

Answer 17

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

Question 18

Class Actions - Certification

Answer 18

• 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

Question 19

Class Actions - Notice to Class

Answer 19

• 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

Question 20

Class Actions -Notice Requirements

Answer 20

• 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

Question 21

Class Actions - Opt Out

Answer 21

• 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

Question 22

Settlement of Class Action

Answer 22

• 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

Question 23

Class Actions - SMJ

Answer 23

• 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

Question 24

Class Action Fairness Act

Answer 24

• 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

Question 25

CAFA - Local Actions

Answer 25

• 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