Multiple Parties and Claims Flashcards
Can you join two plaintiffs in the same state in a suit against a pilot of another state in federal diversity suit if the amounts are $5,000 and $95,000?
Yes - supplemental jurisdiction b/c came from the same transaction, ie: common nucleus operative facts
Is there claim preclusion for a suit by D against P to collect on a note if in a prior case where P sued D for fraud in the same transaction, D’s motion to dismiss in response to P’s complaint was granted?
No because D did not file a pleading in the prior action, only a motion to dismiss, which is crucial because otherwise it would have had to file a compulsory counterclaim since it arose from the same transaction
Is there subject matter jurisdiction for a class action under CAFA if there is (1) 85 P’s, (2) $10M in damages sought, (3) against an insurance company D, (4) under consumer protection laws, and (5) all but one of the P’s reside in a different state than D
No, while there is more than $5M sought, D isn’t a government, the CoA doesn’t arise under securities laws, and there is minimum diversity, the 85 P’s do not meet the minimum requirement of 100
Should a court grant D2’s motion to dismiss its joinder with D1 in a BR transfer avoidance cases if (1) D1 got gift of real property worth $250K, (2) D2 got gift of personal property worth $25K?
Yes because the two transfers were unrelated whereas joinders of D’s require that (1) the relief must arise out of the same transaction, occurrence or series of transactions or occurrences, and (2) relief must be sought jointly, severally or in the alternative
Can P1 file an interpleader in State 2 if (1) P1 and P2 are citizens of State 1, while P3 is a citizen of State 2, (2) the property in controversy is $70K, (3) State 2 long arm statutes don’t permit service on P2?
Yes, b/c (1) there is minumum diversity established by P3, (2) $70K amount in controversy > $500 required, (3) service of process is nationwide; however, P1 must be willing to either deposit property or post bond in the same amount
Can P join the following claims: (1) personal injury from fall down stairs, (2) property damage while it fell down stairs, (3) past due payment on loan to D, and (4) recovery of purchase price of good sold by P to D?
Yes, P is generally allowed to join as many independent claims or alternative claims of any nature that it has against D - no need for claims against single D to come from the same transaction
