Multiparty Litigation Flashcards
What makes plaintiffs and defendants proper?
Arise from the same transaction or occurrence
Raise at least one common question (and SMJ)
Who is a necessary party?
A necessary party is one who:
- Is required for complete relief among existing parties (multiple suits);
- May be harmed if not joined (practical harm); OR
- Claims an interest that subjects a party to a risk of multiple obligations
Who is an indispensable party?
A party without whom the court will dismiss rather than proceeding in his absence
What showing is required to join a party?
Joinder must be feasible: There is PJ over the absentee party
Joining absentee party will not kill diversity jurisdiction
What happens if a necessary party cannot be joined?
Proceed without that party - OR - Dismiss entire case
What factors does a court consider when there is a necessary party that cannot be joined?
- Is an alternative forum available?
- Actual likelihood of harm to absent party
- If court can shape relief to avoid harm to absent party
Who can be brought in through an impleader claim?
Third-party defendant (TPD) that D brings in to share his own liability (indemnity or contribution) (must try to get TPD to pay all or part of D’s own liability)
How long do you have to file an impleader claim?
Within 14 days of serving your answer
(Longer with court permission)
What are the steps for impleading TPD in the pending case?
D files a third party complaint naming TPD
Serve process over TPD (court must have PJ over TPD) (also, SMJ)
What are the two types of intervention?
Intervention of right
Permissive intervention
What is an intervention of right?
When absent party’s interest may be harmed if not joined and he is not adequately represented now
What is a permissive intervention?
Absent party’s claim or defense and the pending case have at least one common question
Usually okay unless intervention will cause delay or prejudice someone
What are the requirements for a class action? (5)
- Numerosity
- Commonality
- Typicality
- Representative is adequate
- Must fit in one of three “Types”
What is numerosity?
Too many class members for practicable joinder
What is commonality?
Some issue in common to all class members, so resolution of issue will generate answers for everybody
What is typicality?
Representative’s claims are typical of those of the class
What is the adequacy of representative?
Class representative will fairly and adequately represent the class
What is a Type 1 of class action? (Prejudice)
Prejudice–class treatment necessary to avoid harm either to class members or to the non-class party
What is a Type 2 of class action? (Like treatment)
Class seeks an injunction or declaratory judgment because D treated class alike
What is a Type 3 of class action? (Damages)
Damages– Common questions predominate over individual questions; and Class action is the superior method to handle the dispute
What must a court do before the class action proceeds?
- Grant a motion to certify the class
- Define the class and the class claims, issues, or defenses
- Appoint class counsel
What are the extra requirements for the court in Type 3 class action?
Must individually notify all reasonably identifiable class members that they:
- Are in a class;
- Can opt out;
- Will be bound if they don’t opt out; AND
- Can enter a separate appearance through counsel
Who is bound by the judgment of a class action?
All members except those who opt out of a Type 3
What are the steps to settling or dismissing a class action?
- Court must approve
- Court gives notice to class members to get feedback on whether case should be settled or dismissed
- Type 3–court may give members a second chance to opt out
How do you establish subject matter jurisdiction in a class action?
Citizenship - only consider the representative D
(Rep’s claim must exceed $75,000)
How can you get into court under the Class Action Fairness Act?
SMJ granted if:
- Class > 100 members;
- Any P is diverse from any D; AND
- Aggregated claims > $5 million
