Multiple Claims

Question 1

Joinder of claims

Answer 1

Pursuant to Rule 18(a), a party who can assert a claim, counterclaim, cross-claim, or third-party claim (i.e., a qualifying claim that clearly can be brought under the Federal Rules) may join with it as many independent or alternative claims of whatever nature as the party may have against an opposing party.

Question 2

Contingent claims

Answer 2

Pursuant to Rule 18(b), a party may join two claims even though one of them is contingent on the disposition of the other.

Question 3

SMJ based on DJ and multiple claims

Answer 3

If subject matter jurisdiction is based on diversity jurisdiction, then a party may aggregate all claims against an opposing party to satisfy the statutory jurisdictional amount-in-controversy requirement.

Question 4

SMJ based on FQ and multiple claims

Answer 4

If the original claim is based on federal question jurisdiction, then a nonfederal claim may be joined only if diversity jurisdiction exists or if the two claims are part of the same case or controversy as the federal claim such that supplemental jurisdiction applies.

Question 5

Counter claims

Answer 5

A counterclaim is a claim for relief made against an opposing party after an original claim has been made. A counterclaim may be asserted in the answer to the complaint and the reply to a counterclaim. Rule 13 governs the requirements for bringing a counterclaim.

Question 6

No penalty for non joinder in certain situations

Answer 6

The pleader is not required to make the claim if, at the time the action was commenced, the claim was the subject of another pending action, or if the opposing party’s action is in rem or quasi in rem and the party does not assert any other counterclaim in that action. Rule 13(a)(2).

Question 7

SMJ and counter claims

Answer 7

A federal court must have subject matter jurisdiction over the counterclaim. By definition, though, a compulsory counterclaim arises out of the same transaction or occurrence as does the original claim before the court. Thus, a compulsory counterclaim (unlike a permissive counterclaim) will likely fall under the supplemental jurisdiction of the federal court and not need independent subject matter jurisdiction from the original claim.

Question 8

SJ and counter claims

Answer 8

A permissive counterclaim does not necessarily fall within the supplemental jurisdiction of the federal court, as it does not arise out of the same transaction or occurrence as the original claim. Thus, a permissive counterclaim must on its own meet the requirements for federal subject matter jurisdiction (either diversity or federal question).

Question 9

Third party defendants

Answer 9

A third-party defendant may file a counterclaim against either an original defendant or an original plaintiff. Whether a third-party defendant’s counterclaim is classified as compulsory or permissive is governed by the requirements of Rule 13(a)–(b).

Question 10

Joinder of parties to counterclaims

Answer 10

Pursuant to Rule 13(h), new parties to a counterclaim may be joined as long as they meet the requirements for joinder under Rule 20. New parties must be joined if they are indispensable parties under Rule 19.

Question 11

Cross Claims

Answer 11

Under Rule 13(g), a pleading may state as a cross-claim any claim by one party against a coparty that arises out of the same transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The cross-claim may include a claim that the coparty is liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

Question 12

Non-compularsy cross claims

Answer 12

A party is never required to assert a cross-claim against a coparty. Pursuant to Rule 13(h), new parties to a cross-claim may be joined as long as they meet the requirements for joinder under Rule 20. New parties must be joined if they meet the requirements for joinder under Rule 19.

Question 13

SMJ and cross claims

Answer 13

A cross-claim must fall within the subject matter jurisdiction of the federal court. This requirement is generally not a problem because, by definition, a cross-claim must arise out of the same transaction or occurrence as the subject matter of the original action or of a counterclaim or it must relate to the property at issue, and therefore it would fall under the court’s supplemental jurisdiction.

Question 14

PJ and cross claims

Answer 14

Because the parties are already before the court, personal jurisdiction is satisfied. Additionally, if venue was proper over the original claim, then a party cannot object to venue with regard to the cross-claim.

Question 15

Timing for 3rd party claims

Answer 15

A defending party—including a plaintiff against whom a counterclaim has been asserted—may assert a third-party claim at any time after the complaint is filed. The defending party, referred to for impleader purposes as the “third-party plaintiff,” must serve a summons and third-party complaint on the nonparty (third-party defendant).

Question 16

Does a party need permission from court to file a third party claim?

Answer 16

The third-party plaintiff must obtain the court’s permission if he files more than 14 days after service of his original answer. Rule 14(a)(1). There are some states, however, that do not permit a defendant to implead his own insurance company unless the company has denied coverage.

Question 17

Rights of a third party defendant

Answer 17

The third-party defendant may (and in some cases must) assert defenses, counterclaims, and cross-claims against any of the parties as appropriate under the Rules and may also implead another nonparty who is or may be liable to the third-party defendant for the claim on which he was impleaded. Rule 14(a)(2).

Question 18

SMJ and 3rd party claims

Answer 18

A third-party claim must fall within the federal court’s subject matter jurisdiction. Because, by definition, a third-party claim will be closely related to the original claim, the court generally will have supplemental jurisdiction over the matter.

Question 19

SJ and third party claims

Answer 19

If the original claims are based exclusively on diversity jurisdiction, however, under §1367(b), supplemental jurisdiction will not apply to claims by the plaintiff against a third-party defendant brought in under Rule 14. Such claims need to meet diversity or federal question jurisdiction requirements on their own.

Question 20

PJ and third party claims

Answer 20

There must be personal jurisdiction over the third-party defendant for impleader to apply. Third parties joined by impleader may be served within 100 miles of where the summons was issued, even if the service is outside of the state and beyond its long-arm statute jurisdiction. Rule 4(k).