Joinders

Question 1

Compulsory Joinder of Parties

Answer 1

Absent parties should be joined if they are NECESSARY and joinder is FEASIBLE. Here…

Question 2

Necessary

Answer 2

A party is necessary if: 1) complete relief cannot be given to existing parties without Absentee, 2) Absentee’s interest may be harmed if he’s not joined, or 3) Absentee claims an interest that would subject party (usually D) to multiple obligations.

Question 3

Feasibility

Answer 3

Joinder is feasible if the court has PJ over him and his joinder will not destroy diversity. If Absentee can’t be joined, the court must either proceed without him or dismiss the case. Here…

Question 4

Permissive Joinder

Answer 4

Co-plaintiffs and co-defendants MAY be joined if: 1) the claims arise from the same TRANSACTION OR OCCURRENCE, AND 2) there is a common question of fact or law among all the parties. Here…

Question 5

Class Action

Answer 5

A class action is only proper if 1) the initial requirements are met and 2) the claim falls within one of the three class action types of suits. Class action lawsuits must be certified by the court and may be settled or dismissed only with court approval.

Question 6

Class Action (CA)

Answer 6

In CA, a class action must show a 1) ascertainable class and 2) well-defined community interest (court will consider CANT elements in deciding). There are no separate types of class action suits. Individual notice is not required; notice can be via publication. All members who do not opt out are bound by the class judgment.

Question 7

Class Action Requirements CANT

Answer 7

The initial requirements for a class action are: 1) commonality, 2) adequate and fair representation, 3) numerosity, and 4) typicality.

Question 8

Commonality

Answer 8

The questions of law or fact must be common to all the members of the class. Here…

Question 9

Adequate and Fair Representation

Answer 9

The named plaintiff must fairly and adequately protect the interests of the class members. Here…

Question 10

Numerosity

Answer 10

The class must be so numerous that joinder of all members is impracticable. Here…

Question 11

Typicality

Answer 11

The claims of the named plaintiff’s claims and defenses are typical of the class. Here…

Question 12

Class Action Types DIP

Answer 12

The case must fall into ONE of the following types: Damages, Injunction/Declaratory Judgment, or Prejudice

Question 13

Damages

Answer 13

Class has a common question that PREDOMINATES over individual questions AND class action is the SUPERIOR METHOD to handle the dispute (e.g. mass torts). Courts must notify (by mail) all reasonably identifiable members explaining they can 1) opt out 2) will be bound if they don’t, and 3) can enter a separate appearance through counsel. Here…

Question 14

Injunction/Declaratory Relief

Answer 14

Class is not seeking money damages because class members were treated alike by other party (e.g. employment discrimination). No notice requirement, no right to opt out, judgment binds all class members. Here…

Question 15

Prejudice

Answer 15

Class action necessary to avoid harm to individual class members who might be left out (e.g. claims to a common fund). No notice requirement, no right to opt out, and judgment binds all class members. Here…