Glossary of CivPro - Joinder
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- How can a P join other claims?
- CL - P c/ join in a single lawsuit different claims against the D only if the claims involved the same form of action.
Codes - most permit P to join different claims in single lawsuit provided that they arise out of the same transaction. State rules regarding joinder are similar to Fed Rules.
- What is permissive joinder?
- Rule 18 - allows single P to join any and all claims in a single lawsuit. Must have:
Claim preclusion: requires P to join all related claims against D, or else P is barred from asserting any such claims against D in a subseq lawsuit. Although R18 suggests that P is not compelled to join every claim that she has against D, res judicata acts as compulsory joinder device, requiring P to assert all related claims against D in a single proceeding.
Subject Matter Juris: F.Ct m/h express authority to entertain a claim - P m/ establish the ct juris with respect to each claim P joins in complaint. Although R18 suggests that P m/ join any claim against D, the doctrine of SMJ restricts joinder to claims over which the ct c/ exercise valid SMJ.
- 1331 - federal question
- 1332 - diversity of citizenship and amount in controversy
- 1367(b) - suppl juris
- How can a D join different claims?
- Rule 13 - govern the assertion of counterclaims by D in F.Ct. D m/b compelled by res judicata to assert a counterclaim against the P in a subseq proceeding, and the D m/b allowed to raise a counterclaim over which the ct lacks an indep juris base, provided that the counterclaim is within the ct supplemental juris.
- What is the difference b/w permissive and compulsory counterclaims?
- CC but not PC are barred by res judicata if not asserted in the first lawsuit. If D fails to assert a PC in his answer, he is not precluded by res judicata from asserting the PC in a subseq lawsuit against P.
CC are within a F.Ct supplemental juris, it is unclear whether all PC fall within such juris.
i) Sec.1367 places a PC within a F.Ct suppl juris if the claim is so related to the juris - conferring claim that claims form part of the same case or controversy under Art.III, a probable reference to the common nucleus of operative facts.
ii) Logical relt test - exists when the counterclaim arises form the same aggregate of operative facts, in that the same operative facts serve as the basis of both claims or the aggregate core of facts upon which the claim rests activates additional legal rights, otherwise dormant, in the D.
- How can additional parties be joined?
- Rule 20a - joinder of proper parties
a. Concerning the situation in which persons seek to sue jointly as P or in which a nonparty is pulled into an existing lawsuit as a party P - permitted if there is (i) a right to relief m/b asserted by each P relating to or arising out of the same transaction or occurrence and (ii) some question of law or fact common to all these P m/ arise in the action.
b. situation in which persons are sued jointly as D or in which a nonparty is pulled into an existing lawsuit as a party D - if (i) a right to relief m/b asserted against each D relating to or arising out of the same transaction or occurrence and (ii) some question of law or fact common to all these D m/ arise in the same action - at the option of the P.
Purpose of R20 - to promote trial convenience and judicial economy by avoiding multiple lawsuits.
R20a and R42b give the D.Ct discretion to order separate trials or to make such orders as will prevent delay or prejudice.
- What are third party claims?
- Rule 14a - permits D to implead a nonparty to the action who is or may be liable to him for all or part of the P claim against him.
A third party complaint is designed to facilitate a true indemnity claim.
If a claim carries with it an independent juris basis, there is no question. But if ct w/n have any other juris over other parties, suppl juris can extend to cover defensive claims under 1367.
- What is compulsory joinder?
- Rule 19 provides that any nonparty who is necessary and indispensable to a fair and complete resolution of a lawsuit m/b joined as a party.
R19a defines a necessary party as any nonparty with an interest in the lawsuit and whose presence in the lawsuit is needed to provide complete relief to the parties or whose interest is such that to proceed w/o the nonparty w/b substantially prejudicial b/c it w/ either impair her ability to protect her interest in future proceedings or expose a party to the risk of double liability or inconsistent obligations.
R19b - if a necessary party c/n/b joined or if joinder w/ destroy the ct diversity juris, the action m/b dismissed if the ct determines that he is an indispensable party in looking at (whether it is fair to all concerned to dismiss the action):
a. the extent to which a judgment rendered in the nonpartys absence w/ prejudice the interest of the parties and the nonparty
b. the extent to which the ct is able to order action that c/ lessen or avoid such prejudice
c. whether a judgment rendered in the nonpartys absence w/b adequate
d. whether an adequate remedy is available to P if the action is dismissed for nonjoinder.
- What is Permissive intervention?
- A nonparty who wishes to become a party to a pending action m/ intervene if he meets the requirements of permissive intervention or intervention of right.
- What is intervention of right?
- A nonparty s/b permitted to intervene if a fed statute confers an unconditional right to intervene or if he c/ satisfy criteria in which nonparty m/ show:
Interest - an interest in the main actions subject matter
Impairment - interest m/b impaired or his ability to protect it m/b impeded if intervention is denied
Adequate representation - interest is not adequately protected by any of the existing parties.
- What is interpleader?
- Procedural device that allows a party, against whom two or more mutually exclusive claims relating to the same property or fund h/b asserted, to join the claimants in the same proceeding and require them to litigate among themselves their rights, if any, to the party or fund.
- What are the requirements for statututory interpleader?
- Minimal diversity; determined as b/w claimants
$500 in controversy
nationwide service of process
residence of one or more claimants
statutory authority for injunctions (28 USC 2361)
- What is required for interpleader under Rule 22?
- Complete diversity stakeholder on one side and claimants on the other
need personal juris; service under R4
residence of any claimant (if all from one state); district where dispute arose; district where property is; district where any claimant found if no other basis for venue.
Only basis is provision in 28 USC 2283 for stay where necessary in aid of juris.
- What are class actions?
- RULE 23
Procedural device in which 1> m/ sue or be sued on behalf of numerous other persons similarly situated.
Judgment w/ bind all class members except those who affirmatively request exclusion
- What are the statutory requirements for class actions?
- R23a - prerequisites to a class action
a. Numerosity - establ if the class representative can show that enough persons are in the class to make joining them as individuals impractical.
b. Commonality - class s/b a class- s/ consist of person who share characteristics that matter in terms of the substantive law involved.
c. Typicality - class representatives stand in the same shoes as the average class member.
d. Adequacy of representation - representative m/h some stake in the litigation, relation to the lawyer s/b straightforward, lawyer s/h no conflicts that w/ cloud representation, lawyer h/to be sufficiently skillful and equipped with sufficient support and resources to handle the case.
R23b -litigation m/ fit w/in:
a. (b)(1) - provides a way to assure that similarly situated parties are treated alike
b. (b)(2) - party opposing the class has acted or refused to act on grounds generally applicable to the class - limited to cases in which the P are seeking injunctive or declaratory relief.
c. (b)(3) - all claims in which P are seeking money damages
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