Parties and Joinder

Question 1

Compulsory Joinder required when:

Answer 1

• parties have joint interest in the subject matter;
• Personal injury claims by Husband & Wife or Parent & Child arising from same accident must be brought in same action

Question 2

Permissive Joinder

Answer 2

Similar to FRCP 20: parties may be joined when:

Plaintiff - claims arise out of same transaction /occurrence AND question of law or fact is common to all Ps;

Defendants - Any right to relief is asserted against all jointly or severally arising out of same transaction/occurrence AND common question of law or fact will arise

Question 3

PA Class Action: Time to Certify Class

Answer 3

P must move for class certification within 30 days of last required pleading (vs FRCP’s “at an early practicable time” after commencement of suit

Question 4

PA Class Certification Requirements (7 factors)

Answer 4

If monetary damages alone, must consider:

1. if common questions of law or fact predominate;
2. size of class and difficulties in management of class;
3. whether separate prosecution of claims would lead to inconsistent judgments affecting both Defendant’s standard of conduct or be dispositive of claims of other class members;
4. Extent of litigation already commenced by class members;
5. whether forum is appropriate for entire class;
6. whether individual claims can support separate actions;
7. Whether recovery by class members is too small relative to expense of cumbersome class action

If equitable relief alone, court considers whether D’s actions support similar relief to all class members

Question 5

PA Shareholder Derivative Actions:

Requirement for shareholder standing in derivative claim

Answer 5

Similar to FRCP 23.1; must allege either that each plaintiff was:

1. a shareholder/successor in interest at the time transaction was completed OR
2. strong prima facie case in favor of claim asserted and will result in serious injustice if action not taken

Question 6

PA Interpleader

Answer 6

PA is similar to FRCP 22, but provides additional procedural detail;

No monetary threshhold

Question 7

PA vs Federal Permissive Intervention

Answer 7

PA is narrower than FRCP 24 permissive Intervention; permitted ONLY if

1. person could incur liability as result (eg, right of contribution);
2. would be adversely affected by judgment;
3. Could have been originally joined as party; OR
4. may be affected by action, even if not bound by judgment

Federal Rules: permissive intervention permissible when have a claim or defense that shares common question of law or fact.

Question 8

PA Intervention:

Grounds for refusing otherwise qualified intervenor (4)

Answer 8

1. interests are already adequately represented;
2. Claim or defense not in subordination to and in recognition of the propriety of claim;
3. petitioner’s undue delay;
4. intervention will delay, embarrass, or prejudice the trial or rights of parties

Question 9

Third Party Joinder of Additional Defendents (PA impleader)

Answer 9

PA generally follows FRCP 14: defendant may implead 3rd party who may be liable for all or part of claim.

Original Defendant has 60 days to joint additional defendant (or as permitted by court for good cause).

Parties joined after statute of limitations expires can raise affirmative defense in “new matter” and cannot be held solely liable.