Multiparty Litigation

Question 1

What makes plaintiffs and defendants proper?

Answer 1

Arise from the same transaction or occurrence

Raise at least one common question (and SMJ)

Question 2

Who is a necessary party?

Answer 2

A necessary party is one who:

1. Is required for complete relief among existing parties (multiple suits);
2. May be harmed if not joined (practical harm); OR
3. Claims an interest that subjects a party to a risk of multiple obligations

Question 3

Who is an indispensable party?

Answer 3

A party without whom the court will dismiss rather than proceeding in his absence

Question 4

What showing is required to join a party?

Answer 4

Joinder must be feasible: There is PJ over the absentee party

Joining absentee party will not kill diversity jurisdiction

Question 5

What happens if a necessary party cannot be joined?

Answer 5

Proceed without that party - OR - Dismiss entire case

Question 6

What factors does a court consider when there is a necessary party that cannot be joined?

Answer 6

1. Is an alternative forum available?
2. Actual likelihood of harm to absent party
3. If court can shape relief to avoid harm to absent party

Question 7

Who can be brought in through an impleader claim?

Answer 7

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)

Question 8

How long do you have to file an impleader claim?

Answer 8

Within 14 days of serving your answer

(Longer with court permission)

Question 9

What are the steps for impleading TPD in the pending case?

Answer 9

D files a third party complaint naming TPD

Serve process over TPD (court must have PJ over TPD) (also, SMJ)

Question 10

What are the two types of intervention?

Answer 10

Intervention of right

Permissive intervention

Question 11

What is an intervention of right?

Answer 11

When absent party’s interest may be harmed if not joined and he is not adequately represented now

Question 12

What is a permissive intervention?

Answer 12

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

Question 13

What are the requirements for a class action? (5)

Answer 13

1. Numerosity
2. Commonality
3. Typicality
4. Representative is adequate
5. Must fit in one of three “Types”

Question 14

What is numerosity?

Answer 14

Too many class members for practicable joinder

Question 15

What is commonality?

Answer 15

Some issue in common to all class members, so resolution of issue will generate answers for everybody

Question 16

What is typicality?

Answer 16

Representative’s claims are typical of those of the class

Question 17

What is the adequacy of representative?

Answer 17

Class representative will fairly and adequately represent the class

Question 18

What is a Type 1 of class action? (Prejudice)

Answer 18

Prejudice–class treatment necessary to avoid harm either to class members or to the non-class party

Question 19

What is a Type 2 of class action? (Like treatment)

Answer 19

Class seeks an injunction or declaratory judgment because D treated class alike

Question 20

What is a Type 3 of class action? (Damages)

Answer 20

Damages– Common questions predominate over individual questions; and Class action is the superior method to handle the dispute

Question 21

What must a court do before the class action proceeds?

Answer 21

1. Grant a motion to certify the class
2. Define the class and the class claims, issues, or defenses
3. Appoint class counsel

Question 22

What are the extra requirements for the court in Type 3 class action?

Answer 22

Must individually notify all reasonably identifiable class members that they:

1. Are in a class;
2. Can opt out;
3. Will be bound if they don’t opt out; AND
4. Can enter a separate appearance through counsel

Question 23

Who is bound by the judgment of a class action?

Answer 23

All members except those who opt out of a Type 3

Question 24

What are the steps to settling or dismissing a class action?

Answer 24

1. Court must approve
2. Court gives notice to class members to get feedback on whether case should be settled or dismissed
3. Type 3–court may give members a second chance to opt out

Question 25

How do you establish subject matter jurisdiction in a class action?

Answer 25

Citizenship - only consider the representative D

(Rep’s claim must exceed $75,000)

Question 26

How can you get into court under the Class Action Fairness Act?

Answer 26

SMJ granted if:

1. Class > 100 members;
2. Any P is diverse from any D; AND
3. Aggregated claims > $5 million