Civ Pro - Federal - Complex Cases/class Actions*

Front 1

Proper Parties -
Co-Plaintiffs/Co-Defendants

Back 1

1) Arise from same T/O
2) Raise at least one common question
3) SMJ met?

Front 2

Compulsory Joinder

Necessary Parties

Back 2

Some absenties must be forced into case:

NECESSARY (different from Indispensable)
1) Party needed to complete relief amongst parties
2) Party whose interest may be harmed if not joined
3) Party claims an interest that subjected party to multiple obligations

FEASIBLE? NO destruction of diversity

If NECESSARY but above not met, then ask if they are INDISPENSABLE? (see separate card)

Front 3

Permissive Joinder

Back 3

Some claim made by each plaintiff against each defendant regarding same T/O


Common question of fact or law to all

Front 4

Joinder

Interested Parties

Back 4

If indispensable, court must DISMISS case because that party not present (whereas a necessary party being absent allows case to go through)

Factors:
prejudice to absent party?
actual likelihood of harm to absent party?
can court shape relief to absent party?
forum for absent party?

Front 5

Impleader

Back 5

Third-Party Practice

Defending party wants to bring in another party b/c they may owe indemnity or contribution

Must be done w/I 14 days after serving answer, after that need court permission

TPD and Plaintiff can sue each other, too

Front 6

Impleader -- Procedure

Back 6

1) Filed third-party complaint
2) Serve process on TPD (so need PJ over them)
3) SMJ met? Qw) need Supp?

Front 7

Intervention

Back 7

Absentee choices to join pending suit (as either Defendant or Plaintiff)

Intervention of Right --> A's interest may be harmed if she is not joined and her interest is not adequately represented now

Permissive Intervention --> A's claim or defense and the pending case have at least one issue in common

Front 8

Interpleader

Back 8

Owner of property in question (stakeholder) in litigation forces all potential claimaints into a single lawsuit to avoid multiple litigation and inconsistency

Two types: 1) Rule 2) Statutory

Front 9

Interpleader -- Determing Diversity

Back 9

Rule Interpleader -- stakeholder must be diverse from every claimant

Statutory Interpleader -- one claimant must be diverse from another claimant (stakeholder citizenship irrelevant)

Front 10

Class Action -- Prima Facie

Back 10

1) Numerosity
2) Commonality
3) Typicality
4) Adequacy of Representation

Front 11

Class Action -- Classification

Back 11

1) Prejudice
2) Injunction/Declaratory Judgment
3) ***Damages***
--1) common questions predominate
--2) class action is superior method to handle dispute

Front 12

Class Action -- Procedure

Back 12

Court must:
1) certify class ("at an early practicable time")
2) define class
3) appoint class counsel (must fairly and adqeuately represent the interests of the class)

Front 13

Class Action -- Notification of Pendency of Class Action

Back 13

REQUIRED for Type 3 (damages)

Representative pays for

Front 14

Class Action -- Right to Opt Out

Back 14

Type 3 (damages) only

Cannot for Types 1 and 2

Front 15

Class Action -- Counsel

Back 15

Appointed by Court

Front 16

Class Action -- Settlement or Dismissal

Back 16

Must be approved by Court

Front 17

Class Action Fairness Act

Back 17

Grant of SMJ separate from diversit IF:
-any class member diverse from any defendant
AND
aggregated claims of class exceed $5,000,00

NEED AT LEAST 100 class members***

Front 18

Class Actions

Rep's Status for Federal SMJ

Back 18

Representative’s Status for SMJ
1) Rep’s domicile for diversity
2) Rep’s claim ONLY for amount in controversy