Complex Joinder Rules

Question 1

Permissive Joinder: FRCP 20(a)(1)

Answer 1

(a) asserting rights shared from the same transaction or occurrence
(b) claims share a common question of law or fact

available to plaintiffs and defendants (flip to rights asserted against them)

Question 2

Misjoinder Remedy: FRCP 20

Answer 2

Severance of parties improperly joined

Question 3

Compulsory Joinder

Answer 3

(1) subject to service of process
(2) does not disrupt SMJ
(3) absence would (a) not afford for complete relief; or (b) be impaired from protecting their interests

Question 4

Intervention by Right: FRCP 24(a)

Answer 4

(1) filed timely motion
(2) unconditional right to intervene provided by statute; or absence would impair from protecting their interests

Question 5

Permissive Intervention: FRCP 24(a)

Answer 5

(1) timely filed motion
(2) statutory right to intervene; or claim/defense has a common question of law or fact with the main action

Question 6

Interpleader Requirements

Answer 6

(1) more than $500
(2) diversity between defendant-claimants

Rule Interpleader: minimal diversity
Statutory Interpleader: align with 28 USC 1382

Question 7

Interpleader Procedural Progression

Answer 7

1) Interpleader complaint filed (including potential defendants)

2) Deposit property

3) Determine the entitlement of the parties

Question 8

Class Action Requirements: FRCP 23(a)

Answer 8

1. Numerosity (too large for joinder to be practical)
2. Commonality (common questions)
3. Typicality (class-wide proceeding results in common answers)
4. Adequacy (of representative): a) ability to represent (conflict of interest, relations, etc.), b) qualifications and experience of the attorneys, c) conflict is fundamental

Question 9

Three Types of Class Actions

Answer 9

(1) Separate actions would result in inconsistent and prejudicial rulings

(2) Class-wide injunctive relief action

(3) Damages class action: common questions predominate over individual questions (notice and opportunity to opt. out)