Multiparty Litigation

Question 1

When would a court force a nonparty into the case?

Answer 1

When they are necessary?

Question 2

An absentee is necessary in a case if they meet any of the following three tests:

Answer 2

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

Question 3

When are joint tortfeasors necessary?

Answer 3

Never

Question 4

If a party is necessary, their joinder must nonetheless be _____

Answer 4

Feasible

Question 5

A necessary party’s joinder is “feasible” is which two things are true?

Answer 5

There is PJ over them AND

Joining the party will not goof up diversity jurisdiction.

Question 6

If a necessary party’s joinder is feasible, what happens?

Answer 6

Court orders joinder.

Question 7

What two things must a court decide between if a necessary party’s joinder is not feasible?

Answer 7

Proceeding without that person; or

Dismiss the entire case.

Question 8

What happens in impleader?

Answer 8

D is bringing in someone new as a 3rd party D.

Question 9

When is an impleader claim compulsory?

Answer 9

Never

Question 10

D can only use impleader to do what?

Answer 10

Shift liability he owes to P.

Question 11

An impleader claim is usually for ___ or ____

Answer 11

Indemnity or contribution

Question 12

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?

Answer 12

No. A is not attempting to shift liability.

Question 13

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.

Answer 13

Yes. OK because D wants to indemnify for her liability to P.

Question 14

Two steps to implead a TPD?

Answer 14

File a 3rd party complaint naming the TPD; and

Serve process on the TPD

Question 15

What must the court have with respect to a TPD in an impleader action?

Answer 15

PJ

Question 16

There is a RIGHT to implead within ___ days of serving your answer. After that, _______ _____ is needed.

Answer 16

14

Court permission.

Question 17

After a TPD is joined, P may assert a claim against him if what is true of that claim?

Answer 17

Same T/O

Question 18

After a TPD is joined, he may assert a claim against P if . .

Answer 18

Same T/O

Question 19

Once a TPD is impleaded, the court must retain _____ over all claims.

Answer 19

SMJ

Question 20

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

Answer 20

Yes, there is diversity between D and TPD – P’s state doesn’t matter.

Question 21

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

Answer 21

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.

Question 22

What happens in intervention?

Answer 22

Nonparty brings herself into the case.

Question 23

Application to intervene must be ____

Answer 23

Timely

Question 24

When does a person have a right to intervention? (2)

Answer 24

Interest may be harmed if not joined AND

Not adequately represented.

Question 25

When is intervention permissive?

Answer 25

When A's claim or defense and the pending case have at least one common question.

Question 26

Permissive intervention is usually ok unless intervention will cause ___ or ____

Answer 26

Delay or prejudice.

Question 27

Is an intervenor's claim subject to SMJ restrictions?

Answer 27

Yes

Question 28

4 initial requirements of class action suit?

Answer 28

Numerosity Commonality Typicality Representative adequate

Question 29

Mnemonic for class actions reqs?

Answer 29

No Class (is) Truly Representative

Question 30

Explain numerosity

Answer 30

Too many class members for practicable joinder

Question 31

Explain commonality

Answer 31

Some issue in common to all class members so that resolution will generate answers for all

Question 32

Explain typicality

Answer 32

Rep's claims are typical of those in the class.

Question 33

Explain (adequate) representative

Answer 33

The class rep will fairly and adequately represent the class

Question 34

3 types of classes?

Answer 34

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)

Question 35

What requirements of a "Damages" class? (2)

Answer 35

common questions predominate over the individual questions class action is the superior method to handle the dispute -- e.g., mass tort)

Question 36

A class action is not such until what?

Answer 36

Certified

Question 37

When a court certifies a class action, it must do what 2 things?

Answer 37

"Define the class and the class claims, issues, or defenses." Appoint class counsel.

Question 38

In a Damages/Type 3 class, the court must do what to the members?

Answer 38

Notify them that they are in a class

Question 39

Notice in a damages class action means what type of notice?

Answer 39

Individual (usually by mail)

Question 40

What class requires notice?

Answer 40

Only damages

Question 41

Who pays to give notice in a damages class action?

Answer 41

Party rep

Question 42

Who is bound by a judgment in a certified class action? Who is not?

Answer 42

Bound = all members Not = those who opt out of a DAMAGES class

Question 43

Is there a right to opt out of a Prejudice class? Equitable Relief class? Damages class?

Answer 43

No No Yes

Question 44

When can class action be settled?

Answer 44

Court approval.

Question 45

Before settling in a Damages class action, the court will usually do what?

Answer 45

Give members a second chance to opt out.

Question 46

For citizenship in a class action (for purposes of diversity), who counts?

Answer 46

Only the rep

Question 47

For amount in controversy in a class action, who counts?

Answer 47

Just the rep

Question 48

As long as these two things are true, a class action will have diversity.

Answer 48

Rep's claim is diverse from all Ds AND Rep's claim exceeds $75k

Question 49

What does the Class Action Fairness Act do?

Answer 49

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

Question 50

In a prejudice class (type 1), many people have a claim to what? Why is suing individually not feasible?

Answer 50

Limited fund of money Individual suits would likely deplete all the funds and leave some claimants with nothing.

Question 51

What does the class seek in an equity class (type 2)? What is required of the D?

Answer 51

An injunction or declaratory judgment because D treated the class alike.

Question 52

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?

Answer 52

No. Might come in under supp., but not compulsory