Multiple Parties and Claims Flashcards
Permissive joinder of parties (Rule 20)
Joinder by Ps.
Any # of Ps/Ds may be joined in one action if any right to relief is asserted jointly, severally, or with respect to or arising out of same occurrence.
Need SMJ: complete diversity required.
Permissive joinder of parties, when is AIC required?
A single P can sue multiple Ds, but if AIC is not met for some Ds they cannot be joined.
If multiple Ps against one D, AIC must only be met for one P due to supplemental jx.
Compulsory joinder of parties (Rule 19)
Compelled by D.
D can bring in another party if they are “necessary.”
Necessary = absent that party, complete relief cannot be accorded to existing parties.
Compulsory joinder - when must necessary parties be joined?
Necessary parties must be joined if feasible.
Feasible if:
(1) will not deprive court of SMJ (complete diversity)
(2) court can exercise PJ over necessary party.
Compulsory joinder - bulge provision
In addition to other grounds for serving out-of-state party, a necessary party may be served anywhere within 100 miles of the federal courthouse.
Compulsory joinder - necessary party cannot be joined
If necessary party cannot be joined, court decides whether to:
(1) Continue without the party
(2) Dismiss whole suit, or
(3) Judgment fact specific.
Intervention definition
When an outsider volunteers to enter a lawsuit.
Mainly used for people hoping to join as Ps.
Types of intervention
Intervention as of right
Permissive intervention
Intervention as of right
Available when the outsider claims an interest in the subject matter of the suit that may be compromised by the disposition of the pending action.
Permissive intervention
May be allowed whenever there is a common question of law OR fact between intervenor’s claim and main claim.
Must ask court’s permission.
When is supplemental jurisdiction available for intervention?
Only when jurisdiction is based on diversity.
Intervenors in diversity case must satisfy complete diversity and >$75,000.
Interpleader definition
Allows person holding property (stakeholder) to force all potential claimants into a single lawsuit.
Stakeholder as a P sues all claimants as Ds.
Stakeholder as a D joins all claimants as Ps.
Statutory interpleader (Federal Interpleader Act)
Only applies in federal court.
Jurisdictional amount does not need to exceed $500.
SMJ based on minimal diversity (any two claimants from different states).
Authorizes nationwide service of process.
Venue proper anywhere any claimant resides.
Permissive joinder of claims
A party may join independent or alternative claims of whatever nature against opposing party.
SMJ:
(1) If diversity, P may aggregate all claims to satisfy AIC.
(2) If FQ, nonfederal claims can be joined only if diversity exists or if claims are part of same case/controversy as federal claim so supplemental JX applies.
Compulsory counterclaims
At time of service, counterclaim arises out of same transaction/occurrence that is subject matter of opposing party’s claim and doesn’t require adding another party over whom court has no JX.
SMJ: court automatically has supplemental JX.
LOST if not pleaded in current action.
