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.
P (MO) sues D (KS) in fed court for $100k, invoking diversity. D impleads TPD (MO) for contribution of $50k. Is there SMJ over the impleader claim? Explain
Yes. No diversity because amount in controversy, BUT supplemental.
Claim is the same T/O AND the limitation doesn’t apply because it is not asserted by the P.
What happens in intervention?
Nonparty brings herself into the case.
Application to intervene must be ____
Timely
When does a person have a right to intervention? (2)
Interest may be harmed if not joined AND
Not adequately represented.
When is intervention permissive?
When A’s claim or defense and the pending case have at least one common question.
Permissive intervention is usually ok unless intervention will cause ___ or ____
Delay or prejudice.
Is an intervenor’s claim subject to SMJ restrictions?
Yes
4 initial requirements of class action suit?
Numerosity
Commonality
Typicality
Representative adequate
Mnemonic for class actions reqs?
No Class (is) Truly Representative
Explain numerosity
Too many class members for practicable joinder
Explain commonality
Some issue in common to all class members so that resolution will generate answers for all
Explain typicality
Rep’s claims are typical of those in the class.
Explain (adequate) representative
The class rep will fairly and adequately represent the class
3 types of classes?
Prejudice (class treatment necessary to avoid harm)
Equitable Relief (class seeks and injunction or declaratory judgment because D treated the class alike)
Damages (common questions predominate over the individual questions AND class action is the superior method to handle the dispute – e.g., mass tort)
What requirements of a “Damages” class? (2)
common questions predominate over the individual questions
class action is the superior method to handle the dispute – e.g., mass tort)
A class action is not such until what?
Certified
When a court certifies a class action, it must do what 2 things?
“Define the class and the class claims, issues, or defenses.”
Appoint class counsel.
In a Damages/Type 3 class, the court must do what to the members?
Notify them that they are in a class
Notice in a damages class action means what type of notice?
Individual (usually by mail)
What class requires notice?
Only damages
Who pays to give notice in a damages class action?
Party rep
Who is bound by a judgment in a certified class action? Who is not?
Bound = all members
Not = those who opt out of a DAMAGES class
Is there a right to opt out of a Prejudice class? Equitable Relief class? Damages class?
No
No
Yes
When can class action be settled?
Court approval.
Before settling in a Damages class action, the court will usually do what?
Give members a second chance to opt out.
For citizenship in a class action (for purposes of diversity), who counts?
Only the rep
For amount in controversy in a class action, who counts?
Just the rep
As long as these two things are true, a class action will have diversity.
Rep’s claim is diverse from all Ds AND
Rep’s claim exceeds $75k
What does the Class Action Fairness Act do?
Grants SMJ separate from diversity when a class of at least 100 has at least one diverse member of any D AND if the aggregated claims of the class exceed $5m
In a prejudice class (type 1), many people have a claim to what?
Why is suing individually not feasible?
Limited fund of money
Individual suits would likely deplete all the funds and leave some claimants with nothing.
What does the class seek in an equity class (type 2)? What is required of the D?
An injunction or declaratory judgment because D treated the class alike.
If a TPD is impleaded by the D and has a claim against the P arising from the same T/O, is this a compulsory counterclaim?
No. Might come in under supp., but not compulsory
