Joining Claims/Parties Flashcards
Permissive Joinder
When P is seeking to join non-parties as co-Ps or co-Ds
Allowed where there is both:
1) Same t/o
2) Common q of law or fact in the joined parties’ claims or claims against them
> E.g., after bus accident, all injured passengers and bystanders join as Ps; common issue is driver’s negligence; other issues (e.g., damages) are tried individually for each P
3) Court must have Jx over joined parties and claims
Compulsory Joinder
An absentee must be joined, if feasible, when either:
a) Without absentee, court cannot grant complete relief,
> Consider whether multiple suits might follow if absentee is not made a party
b) Absentee has a legal interest that may be impaired or impeded, or
c) Absentee has an interest that creates a risk of multiple or inconsistent rulings and obligations
Joinder is feasible if:
1) There is PJ over the absentee; and
2) Joining the absentee will not destroy diversity
If a required absentee cannot be joined, ask whether the case can proceed without the absentee or should be dismissed; the court looks at these factors:
a) Is an alternative forum available?
b) What is the likelihood of prejudice to the parties or others if the case goes forward?
c) Can the court shape potential relief to avoid prejudice?
d) Would P have an adequate remedy if the case is dismissed?
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
(for indemnity, contribution, etc. against another party for the claim D is defending)
The original D becomes the the 3rd Party P (TPP) and the new D becomes the 3rd party D (TPD)
D must file third-party complaint within 14 days after serving her answer
> After 14 days, D must get permission from court
D’s claim under impleader must be derivative—D/TPP cannot claim that TPD is solely liable to P
Jurisdiction—court must have PJ over impleaded party; court must also have SMJ, and will have supplemental jx
TPD can make claims against original P (and vice versa) as long as there is SMJ
Intervention
A non-party absentee may seek to join (i.e., intervene) in an already pending suit, either as a P or D
MUST have SMJ, supplemental jx will not apply
Intervention as of Right
Intervention as a right - must be allowed if either:
a) Absentee’s interest will be harmed if not joined and no existing party will adequately represent that interest, or
b) Absentee has an unconditional statutory right
Permissive Intervention
Permissive intervention—allowed in court’s discretion if either:
a) Absentee has a claim or defense that shares a common question of law with the underlying action,
b) Absentee has a conditional statutory right, or
c) Absentee is a officer or agency and an existing claim or defense relates to the officer/agency or a statute, regulation, etc.
d) Court must consider whether intervention will unduly delay or prejudice original parties
Interpleader
Allows a property holder to initiate a suit to compel multiple claimants to that property to litigate the dispute
Requirements:
> Complete diversity required—stakeholder must be diverse from all claimants; amount in controversy must exceed $75k
> SMJ, PJ, and Venue requirements are the same as for any other federal case
Cross-Claims
Are NEVER compulsory, even if they arise from the same t/o
