Pleadings - Joinder

Question 1

What rules?

Answer 1

13(a)
18
20
21
42

Question 2

Under permissive claim joinder, do claims have to arise out of the same transaction/occurrence? What rule?

Answer 2

No, permits related and unrelated claims

R.18

Question 3

Which claim does have to arise out of the same transaction/occurrence?

Answer 3

First claim in a counterclaim, crossclaim, or impleader

Question 4

What happens if you do not join related claims?

Answer 4

Claim preclusion = you waive right to sue on that claim, barred from using claim later

Question 5

When can a party join as plaintiffs or defendants?

Answer 5

1. Some claim is made by/against relating to or arising out of the same occurrence/transaction and
2. there is a question of law or fact common to all parties

Question 6

When is court given discretion to order separate trials?

Answer 6

Where joinder would be unfair to a party not sufficiently involved in all claims

Question 7

What are the purposes of joinder?

Answer 7

1. to promote trial convenience
2. to avoid multiple lawsuits
3. to avoid extra expense to parties
4. to avoid loss of time to courts and litigants

Question 8

What are the remedies for improper joinder? What rules?

Answer 8

1. Motion to sever by R.21

2. Motion for separate trial by R.42(b)

Question 9

When can you file a motion to sever? What rule?

Answer 9

No time limit

R.21

Question 10

When is counterclaim or crossclaim required? What rule?

Answer 10

Arises out of same transaction/occurrence

R.13

Question 11

When is counterclaim or crossclaim permissive? What rule?

Answer 11

Doesn’t arise out of same transaction/occurrence

R.13

Question 12

When is an impleader used? What rule?

Answer 12

If 3P is liable for all or part of P’s claim against D

R.14

Question 13

What are the two types of impleader?

Answer 13

1. Contribution

2. Indemnification

Question 14

Contribution

Answer 14

Partial reimbursement

Question 15

Indemnification

Answer 15

Full reimbursement

Question 16

Who cannot be impleaded against?

Answer 16

D cannot implead someone who would liable only to P, not to D

Question 17

Who can be impleaded against?

Answer 17

D can implead someone who would be liable to D, or both D and P

Question 18

Crossclaim

Answer 18

Claim against joined party (on your side)

Question 19

Counterclaim

Answer 19

Claim against opposing party (on other side)

Question 20

Class action (and rule)

Answer 20

Procedural device that permits one or more Ps to file and prosecute a lawsuit on behalf of a larger group

R.23

Question 21

What are the purposes of class actions?

Answer 21

1. Parties so numerous and fluctuating (by death, etc.)
2. Efficiency for courts
3. Remedies for broad spread injustice
4. Makes lawsuits more financially viable for P and for P’s counsel

Question 22

Class action process

Answer 22

1. File action as class action
2. File motion for class certification
3. Court decides whether class should be certified
4. Court decides whether the P’s claims are substantially valid

Question 23

When do courts decide whether to certify?

Answer 23

At early practicable time

Question 24

What are the explicit requirements for a class certification?

Answer 24

1. Numerosity
2. Commonality
3. Typicality
4. Adequacy of representation
5. One of 3 class types

Question 25

What are the implicit requirements for class certification?

Answer 25

1. Class definition ensures membership is capable of ascertainment under some objective standard
2. All class representatives are in fact members of proposed class

Question 26

Numerosity

Answer 26

Class is so numerous that joinder of all members is impracticable

Question 27

Commonality

Answer 27

There are questions of law or fact common to the class

Question 28

Typicality

Answer 28

The named parties’ interests are typical of the class

Question 29

Adequacy of representatives

Answer 29

The named representatives will ensure fair and adequate representation of interest of absent members of the class

Question 30

Class types

Answer 30

1. Prejudice class
2. Injunctive relief (civil rights) class
3. Damages class

Question 31

Prejudice class

Answer 31

Separate actions by class members

1. would create risk of inconsistent results or
2. would impair the interests of other absent members of the class

Question 32

Injunctive relief (civil rights) class

Answer 32

1. D has acted or refused to act on grounds applicable to the class and
2. injunctive or declaratory relief is appropriate for class as a whole

Question 33

Damages class

Answer 33

1. There are questions of fact or law common to members of the class that predominate over individual issues and
2. a class action is superior to the alternative methods of adjudication