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10 Cards in this Set
- Front
- Back
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Claims in Federal Court |
Permission and Power Required. Permission comes from the federal rules, which authorize 10 different way to join claims and parties to claims. Power comes from the jx statutes you already know aboutL each claim joined has to qualify under either: Federal Question § 1331 Diversity §1332 Supplemental §1367 |
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Power and Permission |
Power- SMJ; 1331, 1332, 1367 Permission-Joinder; joinder of claims; joinder of parties; impleader; intervention. |
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Analysis for Joinder |
1. Analyze each claim separately -First, identify the type of joinder involved; -Second, ask which federal rule permits the joinder and apply the test of the rule; -Third, ask where the power comes from: federal question 1331, diversity 1332, or supplemental 1367. |
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Power: SMJ |
-Go through each cause of action one at a time. -First look for anchor claims 1. Federal Question, 1331 2. Diversity, 1332 3. Supplemental, 1367 |
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Federal Question §1331 |
Mottley "well-pleaded complaint" rule. |
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Diversity and Amount in Controversy §1332 |
1332 requires complete diversity: Each PL must be from a different state than each DF. The amount in controversy must exceed 75k. If both are met, claim may be brought in federal court. Don't forget about aggregation rules. |
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Aggregation Rules |
-A single PL can aggregate (put together) all claims against a single DF. -Multiple PLs cannot aggregate claims against a single DF. -A single PL cannot aggregate claims against multiple DFs. |
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Supplemental JX §1367 |
Claims connected by a "common nucleus of operative fact" to a claim properly in Federal Court are within the court's jx. This includes claims that involve an additional party. If Federal JX is based on diversity, the court does NOT have jx over claims brought by PLs against non-diverse parties even if those claims share a "common nucleus of operative fact. In other words, YOU MUST MAINTAIN COMPLETE DIVERSITY BETWEEN OPPONENTS. |
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FRCP 20 JOINDER OF PARTIES |
SUING MULTIPLE DFS - RULE 20(a)(1) Persons- as well as a vessel, cargo, or other property subject to admiralty process in red- may be joined in on action as DFs if: (a) any relief is asserted against them jointly, severally, or in the alternative respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (b) any question of law or fact common to all DFs will arise in the action. |
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FRCP 20 JOINDER OF PARTIES |
GANGING UP ON A DF Rule 20(a)(2) Persons may join in one action as PLs if: (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all PLs will arise in the action. LOOK FOR: overlap of issues, facts, evidence, logical relationships between claims. |
