Pleadings - Joinder Flashcards
What rules?
13(a) 18 20 21 42
Under permissive claim joinder, do claims have to arise out of the same transaction/occurrence? What rule?
No, permits related and unrelated claims
R.18
Which claim does have to arise out of the same transaction/occurrence?
First claim in a counterclaim, crossclaim, or impleader
What happens if you do not join related claims?
Claim preclusion = you waive right to sue on that claim, barred from using claim later
When can a party join as plaintiffs or defendants?
- Some claim is made by/against relating to or arising out of the same occurrence/transaction and
- there is a question of law or fact common to all parties
When is court given discretion to order separate trials?
Where joinder would be unfair to a party not sufficiently involved in all claims
What are the purposes of joinder?
- to promote trial convenience
- to avoid multiple lawsuits
- to avoid extra expense to parties
- to avoid loss of time to courts and litigants
What are the remedies for improper joinder? What rules?
- Motion to sever by R.21
2. Motion for separate trial by R.42(b)
When can you file a motion to sever? What rule?
No time limit
R.21
When is counterclaim or crossclaim required? What rule?
Arises out of same transaction/occurrence
R.13
When is counterclaim or crossclaim permissive? What rule?
Doesn’t arise out of same transaction/occurrence
R.13
When is an impleader used? What rule?
If 3P is liable for all or part of P’s claim against D
R.14
What are the two types of impleader?
- Contribution
2. Indemnification
Contribution
Partial reimbursement
Indemnification
Full reimbursement
Who cannot be impleaded against?
D cannot implead someone who would liable only to P, not to D
Who can be impleaded against?
D can implead someone who would be liable to D, or both D and P
Crossclaim
Claim against joined party (on your side)
Counterclaim
Claim against opposing party (on other side)
Class action (and rule)
Procedural device that permits one or more Ps to file and prosecute a lawsuit on behalf of a larger group
R.23
What are the purposes of class actions?
- Parties so numerous and fluctuating (by death, etc.)
- Efficiency for courts
- Remedies for broad spread injustice
- Makes lawsuits more financially viable for P and for P’s counsel
Class action process
- File action as class action
- File motion for class certification
- Court decides whether class should be certified
- Court decides whether the P’s claims are substantially valid
When do courts decide whether to certify?
At early practicable time
What are the explicit requirements for a class certification?
- Numerosity
- Commonality
- Typicality
- Adequacy of representation
- One of 3 class types
What are the implicit requirements for class certification?
- Class definition ensures membership is capable of ascertainment under some objective standard
- All class representatives are in fact members of proposed class
Numerosity
Class is so numerous that joinder of all members is impracticable
Commonality
There are questions of law or fact common to the class
Typicality
The named parties’ interests are typical of the class
Adequacy of representatives
The named representatives will ensure fair and adequate representation of interest of absent members of the class
Class types
- Prejudice class
- Injunctive relief (civil rights) class
- Damages class
Prejudice class
Separate actions by class members
- would create risk of inconsistent results or
- would impair the interests of other absent members of the class
Injunctive relief (civil rights) class
- D has acted or refused to act on grounds applicable to the class and
- injunctive or declaratory relief is appropriate for class as a whole
Damages class
- There are questions of fact or law common to members of the class that predominate over individual issues and
- a class action is superior to the alternative methods of adjudication
