Multiparty Litigation Flashcards
When would a court force a nonparty into the case?
When they are necessary?
An absentee is necessary in a case if they meet any of the following three tests:
Without A, the court cannot accord complete relief among existing parties (worried about multiple suits)
A’s interest may be harmed if he is not joined (practical harm)
A claims an interest that subjects a party (usually D) to a risk of multiple obligations
When are joint tortfeasors necessary?
Never
If a party is necessary, their joinder must nonetheless be _____
Feasible
A necessary party’s joinder is “feasible” is which two things are true?
There is PJ over them AND
Joining the party will not goof up diversity jurisdiction.
If a necessary party’s joinder is feasible, what happens?
Court orders joinder.
What two things must a court decide between if a necessary party’s joinder is not feasible?
Proceeding without that person; or
Dismiss the entire case.
What happens in impleader?
D is bringing in someone new as a 3rd party D.
When is an impleader claim compulsory?
Never
D can only use impleader to do what?
Shift liability he owes to P.
An impleader claim is usually for ___ or ____
Indemnity or contribution
P is badly hurt in a bar fight. P sues A, and claims that A hit him. A claims he did not touch P, and that it was B who did it. Can A implead B? Explain?
No. A is not attempting to shift liability.
P hires D to treat her house for bugs. D hires Sub to remove dirt around the house so he can do his job. While removing dirt, Sub damages the house. P sues D. CanD implead Sub? Explain.
Yes. OK because D wants to indemnify for her liability to P.
Two steps to implead a TPD?
File a 3rd party complaint naming the TPD; and
Serve process on the TPD
What must the court have with respect to a TPD in an impleader action?
PJ
There is a RIGHT to implead within ___ days of serving your answer. After that, _______ _____ is needed.
14
Court permission.
After a TPD is joined, P may assert a claim against him if what is true of that claim?
Same T/O
After a TPD is joined, he may assert a claim against P if . .
Same T/O
Once a TPD is impleaded, the court must retain _____ over all claims.
SMJ
P (MO) sues D (KS) in fed court for $100k, invoking diversity. D impleads TPD (MO) for indemnification of the full $100k. Is there SMJ over the impleader claim? Explain
Yes, there is diversity between D and TPD – P’s state doesn’t matter.