Joining Claims & Parties

Question 1

Permissive Joinder - Requirements (2)

Answer 1

Allowed where both:

1) Same transaction of occurrence - joined parties assert a right to relief arising from the same t/o as P’s claim

2) Common question of Law or Fact: There is a common question of law or fact in the joined parties’ claims or claims against them

Question 2

Compulsory Joinder - Necessary Parties (3)

Answer 2

Absentees are necessary when either:

1)Without abssentee, court cannor grant complete relief (consider whether multiple suits might follow if absentee is not made a party

2) Absentee has a legal interest that may be impaired or impeded, or

3) Absentee has an interest that creates a risk of multiple or inconsistent rulings and obligations

The test is NOT whether joinder would be efficient.

Question 3

Compulsory Joinder - Requirements

Answer 3

Absentee can be joined as a necessary party if:

1) There is PJ over the absentee ; and

2) Joining the absentee will not destroy diversity

Question 4

Compulsory Joinder - Indispensable Parties (4)

Answer 4

If a necessary party cannot be joined, ask whether the party is so indispensable that the case should be dismissed; court looks at these factors:

1) Is an alternative forum available?

2) What is the likelihood of prejudice to the parties or others if the case goes forward?

3)Can the court shape potential relief to avoid prejudice?

4) Would P have an adequate remedy if the case is dismissed?

Question 5

Impleader - General

Answer 5

Impleader allows D to join a non-party who may be liable to D for all or part of the claim brought by P against the original D