Multiparty Litigation

Question 1

Compulsory Joinder

Answer 1

a necessary and indispensable party

Absentee is necessary if (1) complete relief cannot be accorded among the parties in the absentee’s interest; OR (2) the absentee has such an interest in the subject matter that a decision in his absence will impair or impede his ability to protect the interest or leave other parties subject to a substantial risk of incurring multiple obligations

NOTE: Joint tortfeasors are NEVER necessary

Question 2

When absentee must join

Answer 2

Absentee must join if necessary and indispensable and court had PJ* over the absentee and absentee’s presence WOULD NOT destroy complete diversity or venue

Question 3

When absentee cannot join

Answer 3

If absentee cannot join b/c of no PJ* or destroy diversity, court should determine whether to proceed or dismiss

Factors: (1) existence of an ALTERNATIVE FORUM; (2) PREJUDICE to absentee and parties; and (3) can the court SHAPE RELIEF to avoid harm

Question 4

Permissive Joinder

Answer 4

parties may join as Ps or Ds whenever (1) claims arise from the same transaction or occurrence, AND (2) question of fact or law common to all the parties

Must have independent grounds, or can get in via supplemental J*

Question 5

Impleader

Answer 5

Never compulsory

Usually for indemnity or contribution. NOT applies when D is claiming that they are not liable at all.

Right to implead within 14 DAYS of serving your answer. After that, need permission

Diversity is viewed from impleaded party and D, not from P. Also, limitation does not apply bc not considered a claim from a plaintiff

Question 6

Intervention of right

Answer 6

When a nonparty brings herself into the case. as a P or D

Right to intervention when your interest may be HARMED if not joined. Same as compulsory joinder. Thus, if you are a necessary party, you have an intervention of right

NO supplemental J*. Must have independent grounds

Question 7

Permissive intervention

Answer 7

available when the applicant’s claim or defense and main action have a question of fact or law in common

Must have independent grounds of FJ*

Discretionary and will not be allowed if intervention will cause delay or prejudice

Question 8

Class Action requirements

Answer 8

(1) Numerosity; (2) commonality; (3); Typicality; (4) adequate representation

Must also fit in one of three types of classes: PREJUDICE; INJUNCTIVE OR DECLARATORY: or DAMAGES

Question 9

Numerosity

Answer 9

When the class is so numerous that joinder of all members is impracticable

Question 10

Commonality

Answer 10

There is some question of law or fact in common to all class members, so resolution of that issue will generate answers for everybody

Question 11

Typicality

Answer 11

Named parties claims are typical of the class (same pain suffered)

Question 12

Adequate Representation

Answer 12

the class representative will fairly and adequate represent the class

Question 13

Prejudice Class

Answer 13

When separate actions would create a risk of inconsistent results or impair the interests of unnamed parties

Class treatment is necessary to avoid harm/prejudice to the class members or the non-class party

Usually when many people have claims to a limited fund of money b/c if they sue individually, the fund will be depleted before all claimants get to court

Question 14

Injunctive Class

Answer 14

When the D has treated the class alike and injunctive or declaratory relief is appropriate for the class as a whole

CANNOT get damages in Type 2 class action

Question 15

Damages Class

Answer 15

When common questions of law or fact PREDOMINATE over individual issues, and a class action is SUPERIOR method to handle the dispute

Ex: mass torts

Question 16

Certification

Answer 16

Not a valid class action until certified by the court. When certified, court must define the class and the class claims, issues, and defenses

Court must appoint a class counsel that would fairly and adequate represent the interests of the class

Question 17

Notice in class actions

Answer 17

required ONLY in Damages class

Requires INDIVIDUAL notice (usually by mail) to all REASONABLY IDENTIFIABLE members. Representative pays for notice

notice must state: (1) nature of the action; (2) definition of the class; (3) class claims; (4) opt out available; (5) bound by not opting out; and that (6) they can enter a separate appearance through counsel

Question 18

Effect of Class Action Judgments

Answer 18

All members of a class will be bound by the judgment rendered EXCEPt those in damages class action who NOTIFY the court and OPT OUT

Question 19

opt out

Answer 19

no right of opt out in first two types of class actions. ONLY in damages actions.

Question 20

Settling or dismissing a certified class action

Answer 20

requires court approval

Court must give notice to class members to get their feedback on whether the case should be settled or dismissed

If type 3 class, may give members a SECOND CHANCE to opt out

Question 21

SMJ* in class actions

Answer 21

As long as representative is diverse from ALL defendants, and rep’s claim exceeds 75K, the class action will invoke diversity

Question 22

Class Action Fairness Act (CAFA)

Answer 22

Grants SMJ* separate from diversity of citizenship

Lets federal court hear a class action if (1) ANY class member is diverse from ANY defendant; (2) the amount inc controversy IN THE AGGREGATE exceeds $5M; and (3) there are at least 100 MEMBERS in the proposed class or classes

ANY d (rather than all Ds) may remove the case from state to federal court, even if the D is a citizen of the forum

Question 23

Interpleader

Answer 23

When a stakeholder brings suit to require the adverse claimants (defendants) to litigate and determine which has the valid claim to the stake

Question 24

Rule 22 Interpleader

Answer 24

requires (1) complete diversity between the stakeholder and all adverse claimants and in excess of $75K; or (2) FQJ*

Question 25

Section 1335 Interpleader

Answer 25

requires only that one claimant be diverse from one other and $500 AIC

Service may be nationwide and venue is proper where any claimant resides