Party joinder

Question 1

Proper Ds and Ps

Answer 1

May join parties as co-Ds/co-Ps if claim:

1. arise from the T/O and
2. raise at least one common Q
3. then, assess whether case invoke SMJ

Question 2

Necessary and indispensable parties

Answer 2

Some absentees must be forced to join the case bc they necessary.

1. _Who’s necessary? _
   
   1. wo A, ct cannot accord complete relief among existing parties
   2. A’s interest may be harmed if he is not joined (practical harm)
   3. A claims an interest that subject party to risk multiple obligations
2. Can A be joined? see if joinder is “feasible.” Ct decide whether he’s a P or D and checks to see if: (1) there is PJ and (2) joining him will not goof up diversity. If feasible, A joined in the case.

Question 3

Impleader (3rd party practice)

Answer 3

A defending party wants to bring in someone new
(TPD), bc TPD may owe indemnity or contribution to D party on the underlying claim. No right to implead wi 14 days of serving answer. After that, need ct permission.

Steps for impleading TPD in pending case:

1. file 3rd party complaint naming TPD; and
2. serve process on TPD (so must have PJ over TPD)

• once TPD joined, P may assert claim against TPD and vice versa
• SMJ: assess each claim separately for SMJ. Try diversity and FQ, if not >> SJ.

Question 4

Intervention

Answer 4

Absentee wants to join pending suit. He chooses to come in as P or D. Ct may realign him if it thinks he came to the wrong side. Application to intervene must be “timely.”

1. Intervention of right: A’s interest may be harmed if he is not joined and is not adequately represented now
2. Permissive intervention: A’s claim or defense and the pending case have at least one common Q. Discretionary w Ct; OK unless delay or prejudice.
3. assess claim by/against intervenor for SMJ

Question 5

Class action

Answer 5

Rep sues on behalf of group.

1. Initial requirements:

1. Numerosity
2. Commonality
3. Typicality
4. Representative adequate

2. Next step:

1. Type 1: “prejudice”- class treatment necessary to avoid harm either to class members or to non-class party (eg. too many claimant to fund) - rare
2. Types 2: injunction or declatory judgment sought bc D treated class alike (eg. employment discrimination)
3. _Type 3: “damages”***_
   
   1. common Q predominate ove individual Qs and
   2. class action is superior to handle the dispute

3. Not a class until Ct certifies

1. if Ct grant motion to certify, it must “define the class and the class claims, issues, and defense”
2. Ct must appoint class counsel who will fairly and adequately represent the class

4. In Type 3 class, Ct must notify class members that they are in the class

1. individual notice to all reasonably identifiable members telling:
   
   1. they can opt out
   2. they’ll be bound if they don’t
   3. they can enter separate appearance through counsel

5. Parties may settle/dismiss certified class only w Ct approval

6. SMJ

1. class could invoke FQ jurisdiction by asserting claim arising under fed law
2. for diversity J, consider only the rep & reps claim must exceed $75,000