Civil Procedure Joinder

Front 1

Compulsory joinder

Back 1

A party is necessary, and must be joined if...

(1) complete relief cannot be given in his absence

(2) disposition in his absence may impair his ability to protect his interest in the controversy, OR

(3) His absence would expose existing parties to substantial risk of double/inconsistent obligations

IF ONE OF ABOVE SATISFIED, party can be joined if...

(1) There is PJ over him, AND (2) joining him will not destroy diversity or venue

NOTE: If necessary party cannot be joined, court must either proceed w/out the party or dismiss the case. It looks at these factors...

(1) is there an alternative forum available
(2) what is the actual likelihood of harm to the party?
(3) can the ct. shape relief to avoid that potential harm

Front 2

Permissive joinder

Back 2

2 requirements...

(1) The claim relates to or arises out of the series of occurrences or transactions, AND

(2) there is a Q of fact or law common to all the parties

NOTE: Must have SMJ

Front 3

Impleader

Back 3

Defending party wants to bring in someone new (TPD) b/c the TPD may owe indemnity or contribution to the defending party on the underlying claim

Time limits = right to imlead 14 days after answer; otherwise need ct. permission

Process of impleader
(1) file third party complaint
(2) S/p on third party (need PJ over him)

Front 4

Once a TPD is joined, can the P assert a claim against him and may the TPD assert a claim against the P?

Back 4

P v. TPD = Yes, if claim arises from STO as underlying case

TPD v. P = Yes, of claim arises from STO as underlying case

NOTE: Must have SMJ for any of these claims

Front 5

Intervention

Back 5

Absentee wants to join pending suit. Comes in as P or D; ct. can realign if he comes in on wrong side.

(1) Intervention as of right = Person's interest may be harmed if he is not joined and his interest is not adequately represented now

(2) Permissive intervention = Person's claim or defense and the pending case have at least one common Q (up to court). Cannot do if it will delay or prejudice other parties

Front 6

Interpleader

Back 6

One holding property forces all potential claimants into a single lawsuit to avoid multiple litigation

Stakeholder = person who owns the property

Claimants = people that want the property

NOTE: There is rule 22 interpleader and statutory interpleader

Front 7

Rule 22 interpleader

Back 7

(1) Must be complete diversity between stakeholder and all claimants and AIC of more than $75K, OR

(2) A FQ claim

(3) Normal service and venue rules apply

Front 8

Statutory interpleader

Back 8

(1) only minimum diversity required between claimants (one claimant must be diverse from the others) and $500 AIC

(2) Nationwide service and venue proper where any claimant resides

Front 9

Class action

Back 9

Initial Requirements

(1) Numerosity = too many class members for practicable joinder
(2) Commonality = Some Q's of law or fact in common to the class
(3) Typicality = Rep's claims or defenses typical of those of the class
(4) Representative is adequate = Rep will fairly and adequately represent the class

Then, it must fit w/ 1 of 3 types

(1) Type 1: Class necessary to avoid harm to class members/defendant
(2) Type 2: Injunction or declaratory judgment sought b/c class was treated alike by other party
(3) Type 3: Damages where (a) common questions predominate over individual questions, AND (b) class action better method of handling dispute

Front 10

What must the court do if it certifies the case as a class action?

Back 10

Appoint a class representative

Front 11

Class representative requirements/duties

Back 11

Must fairly and adequately represent the interests of the class

If a type 3 class, the court must notify all reasonably indentifiable class members (cost of notice paid for by the representative)

Front 12

Can the parties dismiss or settle a class action?

Back 12

Only w/ court approval

Front 13

J/n for class action

Back 13

SMJ = either FQ or diversity (only class rep's citizenship and stated AIC considered for diversity purposes)