Multiple Parties and Claims

Question 1

Intervention

Answer 1

Intervention as of right - Rule 24(a)(1) - nonparty has right to intervene when, in timely motion:

• federal statute confers the right, and the nonparty timely moves to intervene.

i) The nonparty has an interest in the property or transaction that is the subject matter of the action;

ii) The disposition of the action may, as a practical matter, impair the nonparty’s interest; and

iii) The nonparty’s interest is not adequately represented by existing parties.

Permissive Intervention: Rule 24(b), the court may allow intervention, upon timely motion, when either:

i) The movant has a conditional right to intervene under a federal statute; or

ii) The movant’s claim or defense and the original action share a common question of law or fact.

CA only: potential intervenor’s interest must be “direct and immediate”

In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

Subject matter jurisdiction: A claim of an intervenor must be supported by its own jurisdictional basis
- diversity –> intervenor must not destroy diversity

Question 2

compulsory counterclaim