Joinder Terms

Question 1

Joinder generally

Answer 1

Any party in lodge any claim they have against another party

• want expeditious claims together— for class-actions and mass torts
• Can resolve parties in one case
• One things tries on the merits vs. by procedural obstacle
• Don’t want parties to sandbag (lie behind the log)
  
  • Want claims to come out; we want repose (statute that cuts off legal rights if not brought by certain deadline)
• Federal rule 18 removes all obstacles to joiner of claims and allows joiner on both legal and equitable matters (don’t need a common nucleus of fact). Only restrictions are imposed by judicial requirements.

Question 2

Counterclaims

Answer 2

(1) a cause of action arising out of the contract or transaction set for in the complaint as the foundation of Ps claim or connected with the subject of the action and;

• ”Logical relationship” can be one event or many; one contract or many
• ”Links in the chain” of underlying transaction that give rise to the suit
• functional, not formal process (how connected the counterclaim is)

(2) in an action arising on contract, any other cause of action arising on contract, and existing at the commencement of the action