Multiparty cases - Party joinder Flashcards
When can plaintiffs sue together?
When their claims arise from the same transaction or occurrence and raise at least one common question
When can plaintiffs sue co-defendants?
When claims against the two arise from same transaction or occurrence and raise at least one common question
When we have identified that we can sue together or sue more than one defendant then what?
Have to determine whether diversity or federal question is invoked.
Who is a necessary and indispensable party?
Absentee who, without court cannot complete relief, the interest may be harmed if not joined OR claims interest that subjects usually D to multiple obligations.
If absentee is determined to be necessary what do you then need to do?
If joinder is feasible
1) PJ over you?
2) Check joining you isn’t going to mess up diversity jurisdiction.
What if it isn’t feasible to join an absentee?
Court will either proceed without you or dismiss the entire case.
How would the Court make a decision to proceed without you?
Weigh up if alternate forum available, what harm there would be to you, and whether relief can be shaped so as to avoid harm to you.
What is a usual impleader claim for?
Usually for indemnity or contribution
How do we implead a third party defendant in a pending case?
D files third party complaint naming third party defendant and serves process on third party defendant (must have PJ over them)
How long do you have to implead?
Must be done within 14 days of serving your answer.
What is intervention?
Non party brings herself into the case. Can come in as plaintiff or defendant.
What is the test for intervention?
Same as for who is necessary. Mostly, are interests harmed if you are not joined? Also has to be timely.
