Joinder

Question 1

what is a must have in a joinder claim

Answer 1

SMJ!!

Question 2

list (2)

what must the claim have in regards to multiple Ps or multiple Ds

Answer 2

1. claim arises from same T/O
2. claim raises at least one common question of law or fact

Question 3

list (3)

court might force a nonparty to join, what Q to ask to determine if adding the nonparty is the right move

Answer 3

1. is the absentee necessary/required?
   
   1. note: joint tortfeasors are never _necessary_
2. is they are necessary, can the absentee be joined?
3. if they cannot be joined can the case proceed without them

Question 4

three tests to determine if a party is necessary for joinder

Answer 4

1. Can relief be completed? - without absentee court cannot complete relief
2. Will interests be harmed? the absentee’s interest may be harmed
3. Will the claim subject the D to multiple obligations? the absentee claims an interest that subjects a party (usually D) to multiple obligation

Question 5

List (2)

how to determine if absentee can be joined

Answer 5

1. is there PJ over absentee?
2. is there federal SMJ over the claim by or against the absentee?

Question 6

If the absentee cannot be joined what will the court do if the absentee is necessary? if they are not necessary?

Answer 6

necessary: dismiss the case

not necessary: proceed with the case

Question 7

List (3)

What will court look at if the absentee cannot be joined?

Answer 7

1. is there an alternative forum available?
2. what is the actual likelihood of harm to the absentee and
3. can the court shape relief to avoid the harm?

Question 8

what is a counterclaim

Answer 8

claim against an opposing party

Question 9

D serves counterclaim to P, how many days does P have to respond

Answer 9

21 days

Question 10

types of counterclaims

Answer 10

1. compulsory counterclaim
2. permissive counterclaim

Question 11

compulsory counter claim arises from

Answer 11

the same t/o

Question 12

if a complusory counterclaim is not filed, what happens

Answer 12

it is waived!!

use it or lose it!!

Question 13

what is a permissive counterclaiim

Answer 13

non-transaction claim aka does NOT arise from the same t/o

Question 14

what is a must have in a counterclaim claim

Answer 14

SMJ!!!

(so diversity or FQ SMJ or try suppl jx if no diversity or FQ)

Question 15

what is a crossclaim

Answer 15

claim against a coparty

Question 16

a crossclaim arises from

Answer 16

the same t/o

Question 17

is a crossclaim compulsory? what does this mean?

Answer 17

NO! meaning that is can be asserted in another case

Question 18

what is an impleader claim

Answer 18

defending party brings in a third party

Question 19

what is the point of an impleader aka what does it shift?

Answer 19

shifts liability from D to the 3rd party D

Question 20

indemnity shifts liability?

Answer 20

completely so TPD has to fully pay

Question 21

contribution shifts liability?

Answer 21

pro-rata so TPD pays a portion of the claim

Question 22

is an impleader claim complusory?

Answer 22

no it is permissive

Question 23

how is a 3rd party impleaded

Answer 23

1. D filed a 3rd party complaint naming the TPD
2. complaint formally served to TPD within 14 days of D’s answer
   
   1. court permission need if 14 days pass

Question 24

After the TPD is joined can P assert claims against him and vice versa?

what is needed?

Answer 24

YES!!!

need same t/o and SMJ!

Question 25

what is intervention

Answer 25

third party brings themselves into claim as a **P to assert claim** or **D to defend claim**

Question 26

# list (4) to qualify for a class action, need

Answer 26

1. numerosity 2. commonality 3. typicality **and** 4. adequate representative

Question 27

what is numerosity

Answer 27

too many ppl for regular joinder claim so do class action

Question 28

what is commonality

Answer 28

some issue in common btwn class members

Question 29

what is typicality

Answer 29

the class rep has claim that is typical of the claims of the class

Question 30

what is an adequate representative

Answer 30

someone who fairly and accurately represents the class

Question 31

after the four requirements for class action are met, what type of class actions can be used

Answer 31

1. prejudice 2. injunction/declaratory relief 3. common question or damages

Question 32

what is a prejudice type of class action

Answer 32

an action that claims it is necessary to avoid harm (prejudice) to class *rare*

Question 33

what is an injunction / declaratory relief class action

Answer 33

D treats class members **alike** so injunction / declaratory relief most appropriate remedies

Question 34

what is needed for common question/damages class action

Answer 34

1. common question must **predominate** over individual questions 2. class action is the **superior method** to handle the dispute *often used in mass torts cases*

Question 35

common question/damages class action requires? what can class members do?

Answer 35

notice to all class members class members can opt out

Question 36

under the Class Action Fairness Act (CAFA), fed ct can hear the class action if

Answer 36

1. **minimum** of 100 members 2. any class member (not just rep) is of diverse citizenship from **any** D 3. claim exceeds **$5 million**

Question 37

As between the P and the D, any claim that arises from the same T/O as a claim asserted against a party is a **compulsory counterclaim**—even if the party asserting the counterclaim is a **plaintiff**.