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9 Cards in this Set
- Front
- Back
FRCP 20 - Joinder of parties
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1) The right to recover (for multiple P) or the liability (for multiple D) must be joint, several, or in the alternative
2) The claims must arise out of the same t/o or series of t/o 3) All claims by or against the joined parties must share any or some question of law or fact |
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Apache test
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same evidence
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Alexander test
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logical relation
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FRCP 18 - Joinder of claims
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(a) In General: A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
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FRCP 42(b)
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Permits court to sever claims for trial to avoid prejudice, or to expedite
-The test is: "Efficiency of consolidated trial is outweighed by its potential prejudice to the litigants." |
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FRCP 24
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Allows a party to intervene (join a case) if they would be harmed if left out
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FRCP 19
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Permits D to obtain a court order requiring P to add a party
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FRCP 23
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Requires that the court certify a case to proceed as a class action
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2005 Class Action Fairness Act
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Expands availability of federal forum for class actions
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