Multiparty

Question 1

Impleader

Answer 1

When adding a third-party defendant to the case (as for indemnity or contribution)

TPD can even assert claim against P, and vice-versa, as long as from same T/O.

Question 2

Interpleader

Answer 2

When someone holds money or property and multiple claimants to it. Avoids multiple litigation.

Question 3

Class Action

Answer 3

Requires:
1.  Numerosity (class is so numerous that joinder is inpractical)

2. Commonality (questions of law or fact common to the parties)
3. Typicality (claims are typical to other member’s of class)
4. Adequate representation (class representative will adequately protect interests of class)

Can aggregate claims of all P’s to meet amount in controversy.

Question 4

Class Action opt-out

Answer 4

FL Rule: Required to give option in any class action for members to opt-out.

Question 5

Default and Default Judgment

Answer 5

Party who claim filed fails to plead or otherwise defend action in time allowed (generally 20 days)

Default - Entered by court clerk if D filed no papers

Default judgment: Entered by Judge (if D filed something, he gets notice)

Question 6

To set aside default before judgment, and after judgment.

Answer 6

Must show:

1. Good cause (excusable neglect)
2. Meritorious defense
3. Due diligence after learning of default