Multiple Parties and Claims

Question 1

Supplemental jurisdiction when an original claim is based on federal question

Answer 1

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 2

Rights of a certified class

Answer 2

The claims, issues, or defenses of a certified class may be voluntarily settled, compromised, or dismissed only with the approval of the court.

A class action may be settled even if some of the class members do not accept the proposed settlement. Those class members must be given the opportunity to opt out of the settlement and proceed on their own

Question 3

Numerosity of class in class action

Answer 3

In order for a representative of a class to sue on behalf of all members of a class, the class must be so numerous that joinder of all members is impracticable

Question 4

Third party claims

Answer 4

Defendant may implead a third party at any time after the complaint has been filed by serving a summons and third-party complaint on the third party. The defendant (i.e., the third-party plaintiff) may do so without the court’s permission if he files the third-party complaint within 14 days after serving his answer to the plaintiff’s complaint.

Question 5

What does the stakeholder in an interpleader action do?

Answer 5

In order to file a federal statutory interpleader action, the stakeholder must be willing to either deposit the property at issue with the court or to post a bond in an appropriate amount

Question 6

When can a class be certified?

Answer 6

Under Rule 23(b)(3), a class can be certified if the questions of law or fact that are common to the class members predominate over any questions affecting only individual members, and a class action is the superior method in bringing about a fair and efficient adjudication of the controversy.