Multiple Parties and Claims

Question 1

Permissive Joinder

Answer 1

P’s and D’s may join/be joined in one action if any right tot relief is asserted jointly, severally, or with respect the same transaction

-Needs to satisfy SMJ and PJ

Question 2

Compulsory Joinder

Answer 2

Necessary Parties: Necessary for just adjudication

Need SMJ…can’t destroy diversity
-Bulge provision….a necessary party can be served anywhere within 100 miles of the federal courthouse
Need PJ

Indispensable parties: if party can’t be joined b/c SMJ or PJ is ruined, the court may dismiss the case if the party was “truly indispensable” (super rare)

Question 3

Intervention

Answer 3

An outsider who VOLUNTEERS TO enter into the lawsuit

Question 4

Intervention as of Right

Answer 4

outsider claims an interest in the subject matter of the lawsuit that may be compromised by the disposition of the pending action

If 3p is intervening under a Diversity claim, court MUST maintain SMJ over the intervening claim (i.e. can’t destroy complete diversity).

Question 5

Permissive Intervention

Answer 5

May be allowed whenever there’s a common question of law or fact between the intervenor’s claim and the main claim. Court must consider undue delay/prejudice.

(SMJ = $75,000+ and complete diversity)

Question 6

Interpleader

Answer 6

Allows a person holding property to fore all potential claimants into a single lawsuit

Claimant = person claiming property
Stakeholder = person holding property

must meed SMJ and PJ and venue reqirements.

Question 7

Statutory Interpleader

Answer 7

Opens federal courts to interpleader

• SMJ: Diversity is met if any two adverse claimants are citizens of diff states, and property at issue exceeds $500 (MINIMAL CONTACTS)
• PJ: nationwide service of process is ok
• Venue: permitted in any district where a claimant resides.

Question 8

Joinder of Claims: Permissive Joinder

Answer 8

a party can join, independent or alternative claims of whatever nature against opposing party if SMJ is met.

DJ: P may aggregate all claims to satisfy AIC
FQ: nonfederal claims can be jointed if DJ exists or if claims are part o the same case/controversy.

Question 9

Compulsory Counterclaims

Answer 9

Must be pleaded…..compulsory if it arises out of the same transaction or occurrence as the claim to which i responds

Don’t need SMJ because the court will have supplemental jurisdiction.

Question 10

Permissive Counterclaims

Answer 10

Party has discretion of counterclaim isn’t compulsory (can be pleaded now or later.) …not out of the same transaction or occurrence.
-Must be FQ or D

Question 11

When must counterclaims be answered?

Answer 11

within 21 days of service.

Question 12

Cross-Claim

Answer 12

Claim asserted by a co-party, arising out of the same transaction or occurrence that is Subject Matter o forging action or counterclaim.

(P v. Co-P or D v. Co-D)

(Must be answered within 21 day of service)

Question 13

Impleader (3rd party claim)

Answer 13

Defendant brings into the suit someone who is or may be liable to the defendant for all or part of the plaintiff’s claim against him.

Question 14

Impleader - timing

Answer 14

can be asserted any time after the complaint is filed, but 3p P must get court permission if filed more than 14 days after service of original answer.